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(영문) 춘천지방법원 영월지원 2018.10.02 2018고단299

아동복지법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around June 18, 2018, the Defendant came to know through hosting using the victim C (V, 12 years of age) and the smartphone-phone-based application.

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.

Nevertheless, on June 18, 2018, the Defendant taken the victim’s chest photographs and sent them to the victim at a closed place.

In other words, the victim requested the victim to take photographs of chests on the cell phone and sent them to the defendant from that time to July 13, 2018, and had the victim take photographs of the victim, such as the victim's chests, fry photographs, and urine images, etc., recorded in the list of crimes in attached Form 12 times from that time to July 13, 2018, and had the victim take an obscene act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Investigation report (a suspect E and a photograph of contents of conversation attached), photograph;

1. A report on investigation (the results of restoring the victim's mobile phone), a report on the results of digital evidence analysis, a F dialogue, and a file with a media;

1. A report of investigation (repreparation of crime sight chart and specific reasons);

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Place of Punishment of Children and Child Uniforms, Articles 71 (1) 1-2 and 17 of the Act on the Place of Punishment of Specific Crime, Selection of imprisonment for Punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is a risk of recidivism or re-offending of sexual assault since the exemption from an order of disclosure, notification, and restriction on employment has no record of punishment for a sexual crime against the accused under Article 49 (1) (proviso), 50 (1) (proviso), and 56 (1) (proviso) of the Act on the Protection of Juveniles against Sexual Abuse);

It is difficult to conclude.