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(영문) 광주지방법원 2017.01.25 2016고단5169
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person shall deliver to the other party any words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.

Nevertheless, the Defendant, at around 18:46 on June 24, 2015, 18:46 at the Defendant’s house (Seoul-gu B Dong 201, Nam-gu, Gwangju-gu), Handphones of the victim C (n, 34 years of age) for the purpose of meeting the Defendant’s sexual desire and walking the phone with the Handphones of the victim, as if he were in front of the victim, and divided the conversations with the victim with the victim, “I flick, I flick, I flick, I flick, I flick, I flick, and we flick for 3 4 years of age, and flick, I am Snick.

Do not wanting to conjecture;

I would like to do so as soon as possible, and would like to do so.

“I would like to do so as to do so as to see other women’s ditches, I think we will do so, how we believe we will do so, how we can do so, how we can see, how we can see, now we can see, and now we can see, how we can see, how we can see, and how we can see, we can see, and how we can see, and what we can see;

한번만 하면 나 계속 서 있을 것 같다, 미칠 것 같다 좃 물이 썩고 있다, 너 벌려서 보고 싶다’ 는 취지의 말을 한 것을 비롯하여, 그 즈음부터 2016. 5. 16. 20:50 경까지 범죄 일람표의 기재와 같이 같은 방법으로 총 17회에 걸쳐 피해자에게 전화를 하거나 문자를 전송하였다.

As a result, the Defendant sent words or comments to the victim that may cause sexual humiliation or aversion through a cellular phone, which is a communication medium, with the aim of meeting the sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against the victim;

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