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(영문) 부산지방법원 2018.02.07 2017고단6176
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2017, at around 19:10, the Defendant: (a) walked the victim D (here, 15 years of age) who waits for the Kimhae-do subway in the C Station located in Busan Sandong-gu, Busan, and said, the Defendant told the victim D (here, 15 years of age) who waits for the subway; (b) continued to leave the subway, depending on the victim’s name, age, school, birth, age, telephone number, etc.; and (c) asked the victim’s name, age, Easter, age, telephone number, etc.; and (d) called “

At around 19:16 on the same day, the Defendant sent the Defendant’s personal phone at the Defendant’s home located in Busan Jin-gu, Busan, to the Defendant’s fmera, and the Defendant “on the back of the house” to the Defendant, “on the back of the house” (the “ssawer” referring to the “ssawer”), “on the back of the house”, around 20:01 on the same day, the word “on the front side only of the photograph of the house (the “ssawer” referring to the “ssawer”)”; on around 22:28 on the same day, the word “on the front side of the house, only one photograph of the Defendant off the clothes,” and continuously called the victim “on the back of the house,” and “on the part of the victim’s F.

Warsawer:

have been known

“...”

Accordingly, the Defendant sent words and comments to the victim, which may cause sexual humiliation or aversion through communications media, with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each report on internal investigation (the Nos. 4, 6 of the evidence list), closures and photographs;

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 ( considered as reflecting the depth of the crime);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

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