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(영문) 청주지방법원 충주지원 2015.11.13 2015고단343
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 21, 2015, at around 00:16, the Defendant sent a phone to the victim C (the 33 years of age) by using his/her mobile phone to the limitation on the phone number display using his/her mobile phone, and led the victim to a speech that may cause sexual humiliation and aversion to the victim, such as “I want to go ahead of his/her own house once, our he/she has to go one time, our he/she is a neute, a one-time, a one-time, and a one-way, I want to go too. I do not want to go too soon, but rather I want to go back from another male seat, due to the mash defect, and the inside of his/her house,” at the same place at around 00:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Requests for provision of each photograph, communication data and replies, and the application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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. Where a judgment of conviction becomes final and conclusive on the criminal facts of this case against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act, the defendant constitutes 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 thus is obliged to submit personal information to the competent agency

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