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(영문) 수원지방법원 2016.12.22 2016노7493

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등

Text

The defendant's appeal is dismissed.

Reasons

Defendant

In light of the summary of the grounds for appeal by the defense counsel (unfair form of punishment) that the defendant recognized the mistake of the defendant, did not spread photographs transmitted by the victim, and there was no record of criminal punishment, the sentence of the court below that sentenced the order to complete the sexual assault treatment program for 8 months and 40 hours is too unreasonable.

Judgment

The crime of this case is not likely to commit the crime of this case because the defendant, while holding the victim D and C with the "C" Meet while demanding the victim to send body photographs to the victim even though he was aware of the fact that the victim was the elementary school school student, and sent the victim a photograph of his chest and sound body pictures to the victim who was sent the victim's sexual organ and sent the photograph of his sexual organ to the victim, thereby committing obscene act or sexual abuse that made the victim feel sexual humiliation, and it is not good that the defendant threatened the victim, who did not reply, to capture the victim's photograph to the victim. The defendant tried to meet the sexual mind by taking advantage of the victim who was not able to exercise his right to sexual self-determination. Accordingly, the victim's sound sexual sense and values were not significantly damaged, and the damage caused by the crime of this case was not compensated until the court below. The circumstances asserted in the grounds of appeal are already reflected in favorable sentencing factors and there are no special changes in circumstances to be considered in the trial, the defendant's age, character and behavior, motive and circumstances of the crime of this case.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.