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(영문) 서울중앙지방법원 2015.11.20 2015고단5848
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 11, 2015, at around 08:50, the Defendant: (a) classified the phone number by the restriction on the phone number display in the vehicle parked on the original rearrangement road located in Pyeongtaek-sipo-si; (b) called “one-time one-time one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way

2. At around 08:54 of the same day, the Defendant stated that the above victim is “Fchchch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” “chch bitch bitch bitch

Accordingly, the Defendant sent words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion through telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

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

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the Provisional Payment Order appears to have received a considerable mental impulse. The victim wants to punish the defendant. However, the defendant's primary crime recognized the mistake and reflects his/her judgment. The defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the same Act.

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

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