성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
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, from July 11, 2018 to July 21:30, 2018, the Defendant sent a message to the victim C (the age of 9) through open hosting to satisfy his own sexual desire, such as “Sautauta,” “Sautauta,” “Sautautauta,” “Sautauta,” and “Sautaf,” and displayed the form of self-defense to the victim in a video currency.
As a result, the Defendant sent words and videos that may cause sexual humiliation and aversion through communication media to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E’s written petition;
1. Application of the B Acts and subordinate statutes on dialogue;
1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;
1. Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, - the defendant mistakenly recognizes and reflects his/her fault.
Currently, a juvenile is an adult, although he/she is currently a juvenile.
- The Defendant had a female child of 9 years of age engage in self-defense and displayed his own self-defense behavior.
In addition, the defendant knew that he was the victim's age, went to commit the crime, and runs as if he was another woman by using another person's B account, and commits the crime systematically.