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(영문) 전주지방법원 2019.08.21 2019고단238

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is a child, is in distress through the game called “A” between the victim B (n, 11) and “C.”

1. On September 28, 2018, the Defendant violated the Child Welfare Act (hereinafter “Child’s sexual harassment, etc.”) requested the victim to “satisfing his/her body” at a satisfic place, D’s conversation with the victim, and sent one copy of the victim’s personal body body photograph, and show the victim’s sexual organ photograph.” After receiving one copy of the victim’s sexual organ photograph, the Defendant sent the victim’s sexual photograph to the victim, and then sent the victim’s sexual picture to the victim, and then sent the victim’s sexual picture to E, and the victim sent a video call to the victim and E, while showing the form of the victim’s sexual organ to commit the act of self-defacing the victim’s sexual organ, requiring the victim to present his/her sexual organ to the victim, and had the victim show his/her sexual organ parts.

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

2. On September 29, 2018, the Defendant: (a) in G H apartment located in the Seoul Special Metropolitan City F in the former North Korea, on September 11:14, 2018; (b) on the ground that, during telephone conversations with the victim, the victim did not comply with the Defendant’s promise despite the victim’s sexual intercourse at the Defendant’s home; (c) on the ground that the victim did not comply with the Defendant’s promise, the Defendant: (d) “Is the Defendant’s 130,000 square meters away from the Defendant’s home; (d) was frightened by the Defendant; and (e) was frightened by the victim, as the victim’s personal body

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details and pictures of text messages;

1. Application of Acts and subordinate statutes to the protocol of seizure and the list of seizure (Evidence No. 10, 11);

1. Articles 71(1)1-2 and 17 subparag. 2 of the Child Welfare Act (a point of sexual abuse against a child), Article 283(1) of the Criminal Act, the choice of imprisonment with labor for the crime concerned;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.