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(영문) 수원지방법원 안산지원 2015.07.08 2015고단1128
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On July 12, 2014, the Defendant told the victim B (the age of 19) (the victim) to walk a telephone by the limitation on the phone number display at a non-permanent place, and saying, “I am rapidly to see the phone number display.”

Accordingly, the Defendant sent to the other party a sound that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

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

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., that the defendant is led to confession and reflect, and that the defendant has no record of punishment exceeding the fine);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Where a conviction becomes final and conclusive with respect to a sex offense subject to registration and submission of personal information in accordance with Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure or notification of personal information shall be made in consideration of family relation, outline, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment,

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