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(영문) 서울서부지방법원 2016.06.24 2015고단3306
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On November 21, 2014, the Defendant, at around 21:00, provided that the Defendant was a patient E (the age of 27) who was receiving a mental therapy from the Defendant at the time, and provided the Defendant with the first aid program “the first aid program” to the Defendant E (the age of 27 years).

It sent letters stating “I am far from one another to two,” and “I am far beyond one year from one another,” respectively.

2. On December 10, 2014, the Defendant posted a telephone to the above victim at an insular place, and the Defendant’s “the aid teaching system is defective first of all,” and “the aid teaching system is defective.”

such a case.

The aid system was called as "domined, complied with," if he/she refuses to do so.

3. On December 15, 2014, the Defendant: (a) put a phone on the victim’s phone, and (b) see how to see a pipe of the lap to the Defendant’s cryp to the cryp.

How should be????

“Compliance......”

4. On December 22, 2014, the Defendant posted a telephone to the above victim at a place in an irregular manner, and the Defendant’s phone calls to the victim, and whether the victim was designated by width;

임신시킨 놈한테 6천만 원 울궈냈지 그 걸로 재미 본 모양인데, 야 이 더러운 쌍년 아 법으로 그만 재미 봐. ”라고 말했다.

As a result, the Defendant sent words and comments that may cause sexual humiliation or aversions over a total of four times through telephone or other communication media with a view to inducing or satisfying sexual humiliations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A complaint;

1. Details of letters and notes;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

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

3. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of circumstances favorable to the defendant, etc. during the period of sentencing):

4. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes recognizes the defendant's erroneous judgment.

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