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(영문) 수원지방법원 2014.09.05 2014고단3364
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 6, 2013, at around 14:09, the Defendant set a limitation on the phone number display using a mobile phone used by the Defendant at the home of the Defendant, which was located in Suwon-si B, 102 109 dong 109, and classified the phone number by writing, and the Defendant sent a video call by the victim C (the age of 25) to the Defendant’s sexual flag and the form of the Defendant’s self-defense to the victim by telephone.

In addition, from January 1, 2014 to January 1, 2014, the Defendant reached victims with a view to causing sexual humiliation or aversion through telephone for the purpose of inducing or meeting the sexual desire by making phone calls to the victims at least five times, as described in the attached list of crimes, and transmitting the Defendant’s sexual flag and image to the Defendant’s own sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of C and F;

1. Application of the Acts and subordinate statutes for reply to communications confirmation data;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor (the choice of imprisonment with prison labor shall be made in consideration of the frequency of crimes, the number of victims, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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