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(영문) 광주지방법원순천지원 2020.10.07 2019고정539

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the president of the BA and the victim C (the 13-year-old age-) with the English language known in the said KAC.

On April 25, 2019, at around 22:35, the Defendant sent the victim’s cell phone pictures from G located in the Skyna City and E, and sent the victim’s cell phone with the text message “I am well-known while I am going to go to C’s cell phone,” and then sent it to the victim’s cell phone. From May 19, 2019 to May 10, 2019, the Defendant sent the victim’s emotional abuse that may harm the mental health and development of the victim, who is 13 years of age, 17 times in total, as shown in the annexed crime list, and sent the Kakao Stockholm message from G located in the F at the Skyna City on May 4, 2019 to the victim’s cell phone. However, the Defendant did not send the message to the victim before, but attempted to directly take the victim’s cell phone camera directly.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to the police officer C, H, and I;

1. Application of statutes to a report on the outcomes of programs for submitting smartphone evidence;

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 5 of Article 17 of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, sent repeated text messages to victimized children attending a private teaching institute operated by him/her and attempted to take photographs against the victimized children’s will, thereby, complaining of considerable mental suffering.

The defendant committed a crime against the victimized child at the location of the victimized child, in particular the protector of the victimized child.