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(영문) 창원지방법원 거창지원 2017.10.18 2016고단414
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for four months.

To order the accused to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. He/she shall not allow any speech, sound, writing, picture, image, or article that may cause a sense of sexual shame or aversion through telephone, mail, computer, or any other means of communication, with intent to arouse or satisfy his/her own or any other person's sexual desire to commit a sexual crime;

Nevertheless, around July 8, 2016, the Defendant sent a text message stating that “the victim’s response” was one time to the cell phone of the victim C (n, 43 years of age) by using his/her mobile phone, thereby allowing the victim to feel sexual humiliation and aversion.

2. On August 5, 2016, the Defendant: (a) at the entrance of the lower parking lot of the D Building D, 09:00, the Defendant: (b) provided a claim against the victim C (at the age of 43) regarding the Defendant’s transmission of text messages as described in paragraph (1) to the victim; (c) threatened the victim by driving the instant cargo vehicle, which is a dangerous object without reducing any defect, speed, or speed, in order to prevent the front of the eable cargo vehicle driven by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to F;

1. A copy of text message, a copy of integrated search data, and a data for inquiry by telephone subscribers;

1. Results of a CCTV CD reproduction;

1. Application of each internal investigation report (the content of obscene messages received by the injured person to the accused, CCTV images for crime prevention installed in front of the guard room), and each investigation report (the specific vehicle operated by the accused when the accused threatens the injured person, and attachment of a response to a victim's mobile analysis result) shall be applicable to the statutes

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of obscenity using communications media) and Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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