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(영문) 대전지방법원 천안지원 2019.07.05 2019고단545

협박등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 100 hours.

Reasons

Punishment of the crime

1. Around August 2018, the Defendant threatened the victim E (hereinafter “D”) with an Asan City B building C and the Defendant’s house by using a mobile phone-citing d” in the Defendant’s house, saying, “I would capture a photo sent before sending the photo.”

2. A violation of the Child Welfare Act (in the case of coercion, intermediary, sexual harassment, etc. against a child), Defendant from the end of August 2018;

9. By the day of June, 16, the same victim requested that the victim “camped by affixing the sound or chest, etc.” at the same place and had the victim transmit the victim’s photograph taken of the victim’s chest and the sound to the victim “D” and F.

As a result, the Defendant committed abusive acts such as sexual harassment, which sexual intercourse with the victim who is a child.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each stenographic record;

1. Police seizure records (454 pages of investigation records);

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes to photograph digital information seized;

1. Relevant Article 283(1) of the Criminal Act, the choice of punishment for the crime, Article 71(1)1-2 of the Child Welfare Act, and subparagraph 2 of Article 17 of the Child Welfare Act (the occupation of sexual abuse against a child), and the choice of imprisonment, respectively;

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

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

1. Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the confession and reflect of each of the crimes in this case; (b) there is no record of criminal punishment against the Defendant; and (c) the Defendant, as an adult, should protect children and juveniles from sex offenses and grow up to be healthy members of society; (d) but rather, it is a distorted gender culture by taking the minor victims into account as the object of their sexual desire satisfaction.