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(영문) 전주지방법원 2017.12.22 2017고단2058
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 20, 2017, at around 14:02, the Defendant sent the victim a speech that may cause sexual humiliation or aversion through a communication medium for the purpose of inducing or meeting his or other people's sexual desire by calling the victim E’s cell phone from the victim E’s cell phone (limited to the caller indication) to the Defendant’s cell phone (limited to the caller indication).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on internal investigation reports (related to shooting of true mobile phone calls, and details of obscene telephone calls);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Under Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant recognized the instant crime, and the Defendant has no record of criminal punishment due to the same crime.

There is a fact that the defendant does not take any particular measure to recover damage due to unfavorable circumstances.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, and exemption from the disclosure order or notification order.

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