beta
(영문) 대전지방법원 서산지원 2018.12.12 2018고합80

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On January 2018, the Defendant, who became aware of the “B” smartphone-type display of “B,” had the victim C (nive, 11 years old, and Ga name) receive pictures showing the body parts of the victim’s body that were exposed to the body parts of the victim, i.e., the Defendant distributed the body pictures previously transmitted to the victim, unless it is so agreed that the Defendant would have the victim receive the pictures showing the body parts of the victim.

By means of threatening the victim, and allowing the victim to take and transmit the face of his/her face with a view to forcing the victim to commit an indecent act.

On March 19, 2018, the Defendant, at around 16:36, at the Defendant’s residence, committed an indecent act by transmitting a victim’s message with the content that “if you do so as to do so, you will throw away his body photograph already transmitted to the victim’s cell phone and to the Internet, people stored in the victim’s cell phone, and by spreading it to the Internet” at the Defendant’s residence located in Da apartment E, Jin-si, 16:36, the Defendant committed an indecent act against the victim by sending the victim a message to the effect that “I would leave the victim’s body photograph already transmitted to the victim’s cell phone, if you do not do so.”

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (damage statement) CDs;

1. Application of the photographic Acts and subordinate statutes by capturing a F message;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and the Gu.