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(영문) 춘천지방법원 2017.04.18 2016고단1168

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등

Text

A defendant shall be punished by imprisonment for six 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 came to know through the victim D(13) and mobile E-M case.

On August 11, 2016, the Defendant sent a message demanding continuous presentation of obscene videos and photographs to the victim by threatening the victim to find in the victim’s school through a hosting flucing method in the Defendant’s residence located in Hongcheon-gun F of the Gangwon-gun of the Republic of Korea on August 11, 2016.

The victim committed sexual abuse, such as sexual harassment, which leads a child victim to feel sexual humiliation, by making the victimized person photographed on his/her cell phone and transmit it to the Defendant’s cell phone, thereby allowing the victimized person to do sexual harassment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (Submission of the contents of conversation, etc.);

1. Application of the contents of conversation, photographs, and copies of video files to each CD-related statute;

1. Relevant Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Act on the Place of Child’s Reinstatement for the crime, the selection of punishment for imprisonment with prison labor;

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

1. If a conviction on a sex offense subject to registration of personal information under Articles 21(2) and 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The disclosure of personal information shall not be announced in accordance with 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, in full consideration of the defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, the effects of the protection of the victim, etc.