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(영문) 수원지방법원 성남지원 2016.12.16 2016고단2322
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 16, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) said, at the Defendant’s home located in Gwangju-si, that the victim E, who is an employee of the Defendant’s place of residence (a family name, a woman, 25 years of age) took a telephone from his/her cell phone to take a phone at the Defendant’s place in his/her neighboring D branch of his/her residence and used it at the Defendant’s home located in Gwangju-si (hereinafter referred to as “child, four years of age”) said that he/she got married.

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through telephone, which is a communication medium, with a view to inducing or satisfying his own sexual desire.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place);

A. On April 25, 2016, around 07:30 on April 25, 2016, the Defendant committed an indecent act against the victim F by coercioning the victim at the victim’s her her her m, her m, her m, and her m, in the direction of the H Eup office located in G in G in Gwangju City.

B. The Defendant committed the crime against the victim J, at the same time and place as set forth in paragraph 2(a) of Article 2, committed an indecent act by force against the victim at the victim J’s her her her bm with the victim’s her her bm, thereby forcing the victim to commit an indecent act at a public smuggling place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement in relation to K, F, J, and E;

1. Application of Acts and subordinate statutes to telephone content sound recording files;

1. Relevant Articles on criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. An order of probation and education under Article 62-2 of the Criminal Act;

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