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(영문) 대구지방법원 2017.09.12 2017고단3469
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

The Defendant confirmed the victim’s number from the cell phone of C and stored it, while continuing the victim’s spouse C (53) relationship with the victim’s spouse from around A to B, 2014;

1. On May 19, 2016, at around 22:16, the Defendant’s mobile phone display of a voice file that was recorded with the victim in a sexual intercourse with C, using the Defendant’s mobile phone D (so-called “the voice recording”) with the victim, while engaging in the sexual intercourse with C;

2. On May 20, 2016, at around 04:50, using the Defendant’s mobile phone DNA display rate, transmitting a voice file that recorded with the victim in a sexual relationship with the victim with the above C (the so-called “the voice recording” hereinafter) by means of the Defendant’s mobile phone display around 04:50;

3. On May 21, 2016, around 18:45, the Defendant’s cell phone display of a video file (hereinafter “2. Daegu Esing-2”) using the Defendant’s cell phone D referred to as “D”) in which the victim dances with the body of the players.

As a result, the Defendant reached the victim with sound and image that may cause a sense of sexual humiliation or aversion through communications media for the purpose of inducing or meeting his or another person's sexual desire over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Investigation report (in relation to the attachment of the contents of DNA conversations), investigation report (Attachment of screen pictures submitted by the complainant B), - Application of Acts and subordinate statutes to screen screen pictures following the closure of video images;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47 and Article 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 (the same type of power is nonexistent, reflects it, attend lectures, and the registration of personal information can have the effect of preventing recidivism.

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