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(영문) 부산지방법원 2016.06.01 2016고단1580
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

1. 피고인은 2016. 2. 17. 22:46 경 부산 동래구 B 피고인 집에서, 휴대폰을 이용하여 전혀 모르는 사람인 피해자 ( 여, 17세 )에게 발신번호가 표시되지 않도록 조작하여 전화를 하여 자기의 성적 욕망을 만족시킬 목적으로 ‘ 하자, 뭘 해, 알자 나. 너 했냐.

B. The phrase “a defect” reached the other party that may cause a sense of sexual humiliation or aversion through the communications media, such as making approximately three minutes of virtual currency, etc.

2. On February 19, 2016, at the Defendant’s home around February 19, 2016, the Defendant: (a) took a phone again to the said victim for the purpose of meeting his sexual desire by having the victim meet his own sexual desire; (b)

B. Does dial-a-dials, chest cream;

Along eight minutes of sound calls, the horses that may cause sexual humiliation or aversion through the communications media, such as using approximately eight minutes of sound, reached the other party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant legal provisions concerning criminal facts, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (the first offender and the reflection of crimes, etc. favorable circumstances);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. On March 31, 2016, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, a person who is finally and conclusively convicted of committing a crime referred to in Article 13 of the same Act shall be a person subject to registration of personal information.

“The decision of unconstitutionality on the part was made (2015Hun-Ma688).

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