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(영문) 창원지방법원 마산지원 2020.04.03 2019고단1240
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in Busan District Court’s Dong Branch, and on March 19, 2018, the execution of the sentence was terminated at the Busan District Court’s detention house, and on November 27, 2019, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the same crime at the Chang District Court’s Changwon District Court, and the judgment was finalized on November 29, 201

The defendant is a victim B (n, 30 years of age) and a high school alumni or is well aware of it.

1. On March 29, 2019, the Defendant discovered the victim’s cell phone numbers through Facebook, followed by allowing the Defendant to display the cell phone numbers (D) used by the Defendant as the transmission restriction number, and repeated the phrase “brong” and “brong” with the phone number used by the victim by posting the phone with the cell phone number used by the victim.

2. On April 3, 2019, around 10:54, the Defendant: (a) indicated the cell phone number as the transmission restriction number; (b) stated that the cell phone number as the phone number used by the victim was called as “a suitable person, a suitable person, and a knife” by posting the phone with the cell phone used by the victim.

3. On April 4, 2019, around 00:49, the Defendant: (a) indicated the instant mobile phone number as the phone serial number; (b) sent a cell phone with a cell phone used by the victim so that it could not be known that he/she was able to run a new voice, etc.; and (c) continued to read “to be able to go, to go, to come, and to go, in line with what he/she came.”

4. On April 4, 2019, around 01:16, the Defendant: (a) marked the cell phone number as the transmission restriction number; (b) sent a cell phone with the cell phone used by the victim, and (c) sent a cell phone to the head of Si/Gun/Gu; and (d) called “to go to the head of Si/Gun/Gu,” and “to go to go.”

Accordingly, the Defendant reached the victim with a sound, etc. that may cause sexual humiliation or aversion with the intent to arouse or satisfy his or her sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. B.

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