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(영문) 대전지방법원 2020.07.23 2019고합447

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 24, 2018, the Defendant became aware of the victim B (the 14 years of age) through Internet broadcasting, and became aware of the online relationship with the victim on September 2018 and became an online relationship with the police officer on September 2018.

1. Violation of the Child Welfare Act (Child’s coercion, intermediary, sexual harassment, etc.) The Defendant, as a middle school student, had not yet established his/her sexual values and ability to determine whether he/she had sexual desire to meet his/her sexual desire, even though the victim was a middle school student.

On October 14, 2018, around 13:15 to 14:30 on October 14, 2018, the Defendant sent back the part of the victim, exceeded the part of the victim’s boom and clothes, and put down his fingers into the part of the victim’s drinking and anus.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

2. The Defendant, at the time and place specified in paragraph (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), took advantage of the victim’s sound and resistance function as described in paragraph (1) of the said Article by using Samsung Galgalthno 9 mobile phones function, and taken the aforementioned form as video when inserting fingers into the victim’s sound and resistance.

Accordingly, the Defendant produced child or juvenile pornography.

3. On October 14, 2018, the Defendant expressed from the victim the phrase “the victim, who is at a certain time after the right and the right,” that was parked in the F neighborhood located in Daejeon Jung-gu, Daejeon around 17:00.

The Defendant threatened the victim by stating that he knows that his parents came to know that he had her parents about the teaching system with the Defendant, thereby threateninging the victim to “I would know about the teaching system to his parents” in order not to hedge with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The defendant;