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(영문) 서울남부지방법원 2019.03.27 2018고단5572

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 2, 2008, the Defendant was sentenced to seven years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. under thirteen years of age) in the High Court for Armed Forces on September 2, 2008, and completed the execution of the sentence in a female prison on February 11, 2015.

"Criminal Facts"

1. Around January 21, 2018, the Defendant violated the Child Welfare Act (child’s coercion, intermediary, sexual harassment, etc.) committed an obscene act against the victim E (the age of 11) and F, which was known through “D,” which is one’s own residence, through the Yangcheon-gu Seoul apartment, C, and social network services (SNS), and sent messages to the victim.

피고인은 2018. 1. 21. 16:23경부터 17:50경까지 F으로 피해자에게 “바지 안으로 손 넣어서 그거 위쪽에 손 올리고 1분 문질러봐”, “이번엔 팬티에 손 넣구 2분 문질러봐 구멍 쪽으로”, “이번엔 바지 벗구 문질러봐 40초”, “문지르기 전에 팬티 벌려서 안에 한 번 보여주고 나서 문질러봐”, “가슴 1분 주무르는 거 보여줘”, “젖꼭지도 손가락으로 잡아서 비벼봐”라고 음란한 행위를 시킨 다음 이를 동영상 또는 사진 촬영하게 하여, 피해자로부터 피해자의 성기를 찍은 사진과 성기 부분을 문지르면서 자위하는 동영상을 전송받았다.

Accordingly, the defendant committed obscene acts to the victim who is a child.

2. On August 21, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession) committed by the victims of female children and juveniles, who were female children and juveniles, who became aware of through F fishing crying, stored video pictures in his/her own computer after transmitting crypted images, which were recorded in the list of crimes listed in the attached Table, in which the victims of female children and juveniles, who were sent through F fishing crying, stored them in his/her own computer, and were sent from August 10, 2018 to August 10, 2018.