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(영문) 수원지방법원 여주지원 2017.05.12 2017고단50
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 4, 2016, the Defendant, at the Defendant’s house located in Gyeonggi Pyeong-gun C, sent a phone to the victim D (the age of 17) by using the Defendant’s mobile phone to restrict the phone number display, and made the victim feel a speech that may cause a sense of sexual humiliation or aversion to the victim by repeatedly talking the victim on several occasions, i.e., “h., e., h., h., h., h., h.s., h., h., h.,” and h., “h., h., h., h., h., h., h.,”

2. On December 4, 2016, at around 06:16, the Defendant, as indicated in the foregoing paragraph 1 at the place indicated in the foregoing paragraph 1, sent a phone call to the victim D (the age of 17) as indicated in the foregoing paragraph 1, and made the victim feel a speech that may cause a sense of sexual humiliation or aversion to the victim through telephone with the intent to arouse or satisfy his or her sexual desire by repeatedly talking with the victim on several occasions, such as “Ire, Ire, Ire, Ire, and knisher,” “Ire,” and “Ire the victim’s sexual desire.”

3. On December 7, 2016, at around 03:16, the Defendant sent a phone call to the victim D (the age of 17) as indicated in the foregoing paragraph 1 at the place indicated in the foregoing paragraph 1, and made the victim reach a speech that may cause a sense of sexual humiliation or aversion to the victim through telephone with the intent to arouse or satisfy his/her or another person’s sexual desire by talking with the victim several repeatedly, such as “Ie, Ie, Ie, Ie, Ie, ker, and ker,” with the victim’s sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of the Act and subordinate statutes to reply to a request for provision of communications data (KT, December 16, 2016).

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

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Order to complete a program;

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