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(영문) 인천지방법원 2019.08.13 2019고단2611

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

On September 2, 2018, from around 01:00 to 02:00 on the same day, the Defendant sent the victim’s cell phone of the victim, who was introduced through the game, and the victim’s Da (17 years old), who was the child, and the victim first exchanged the Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’s Mesenger’

As a result, the Defendant committed sexual abuse that causes a child to feel sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the details of execution of theD;

1. The statement of the victim;

1. Investigation report (Attachment of a report on results of analysis of digital evidence);

1. Application of Acts and subordinate statutes concerning communication between the victim and the suspect;

1. Relevant Article 71 (1) 1-2 of the Child Welfare Act, subparagraph 2 of Article 17 of the Child Welfare Act, and the punishment of imprisonment with labor for an offense;

1. Article 62 (1) of the Criminal Act;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to registration, under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2(1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018), Article 29-3(1) of the Child Welfare Act (excluding subparagraph 23), Article 2 of Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.