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A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant, using the limitation on the phone number display, opened the phone without using the phone number display, and sentenced the other party to the female, to have the sexual speech while having the new scarcity in the female.
1. On December 25, 2018, the Defendant: (a) made a call to the victim B (n) by using the signal number display restriction at a place where the location is unknown; and (b) made a call to the victim B (n) at a place where the location is unknown; and (c) made a call to the victim called “integratary” to the victim called “satiscary”; and (d) carried out a new blast about one minute
2. On January 7, 2019, at around 14:47, at a place where the location is unknown, the phone call was made to the victim with a limitation on the phone number display, and approximately 10 seconds thereafter.
Accordingly, the Defendant reached the victim with a view to inducing or meeting the Defendant or another person's sexual desire through telephone for the purpose of causing a sense of sexual humiliation or aversion over twice.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of the calendar details (C) and the telephone details (D)-related Acts and subordinate statutes;
1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities recognizes the Defendant’
In agreement with the victim, the victim does not want the punishment of the defendant.
The defendant suffers from depression and depression due to his business failure and excessive debts, and such mental illness seems to have caused the crime.
However, the defendant was sentenced to a suspended sentence of ten months for the same crime in 2017.