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(영문) 의정부지방법원 고양지원 2019.10.10 2019고단1805
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 30, 2018, around 23:24, 2018, the Defendant sent a warning to cause sexual humiliation to the victim C by using a communication medium for the purpose of meeting his/her sexual desire, such as a mobile phone (B) used in a usual place on November 30, 2018. The Defendant sent a warning to cause sexual humiliation to the victim C (hereinafter referred to as “Ethical.” The Defendant sent a warning to meet his/her sexual desire, i.e., “Isa,” “Isa,” “Isa,” “Isa,” “Isa,” and “Isari defect.”

2. On December 1, 2018, the Defendant, at around 00:49, sent the victim a speech that may cause sexual humiliation to the victim by using a communication medium for the purpose of meeting his/her sexual desire, such as “whether there is a male-child-friendly Gu”, “Isn if you do not exist,” “dial-a-gu Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do do”, and “the lus Do Do Do Do Do Do do Do do Do do”,

3. On April 30, 2019, the Defendant: (a) around 06:28, on April 30, 2019, up to 06:28, the Defendant: (b) opened a new cell phone (D) that was parked in the Seocho-gu Seoul Seocho-gu Non-resident site; and (c) opened the phone to the victim and opened the phone and caused sexual humiliation to the victim using the telecommunications media for the purpose of meeting his/her own sexual desire, such as “after the string of the string,” “after the string of the string,” “a string of the A, S only once within the string,” “a string of the string,” “a string of the string,” “a string of the string,” “a string of the string,” “a string of the stringing of the victim’s sexual humiliation.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

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;

1. Grounds for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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