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(영문) 서울북부지방법원 2020.02.07 2019고합390

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2018, the Defendant was sentenced to 10 months of imprisonment for indecent act by force at the Seoul Northern District Court on April 20, 201, and the execution of the sentence was completed on February 14, 2019 at the horizontal Housing Site of the Suwon Detention House.

【Criminal Facts】

"2019 Gohap390"

1. On February 27, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) displayed the images of the Defendant’s house located in Seongbuk-gu Seoul, Seoul, by using Defendant’s smartphones to the victim C (a person, a person, and a person aged 13) by exposing the Defendant’s sexual organ by exposing a video phone to the victim C (a person, a person aged 13).

As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion through telecommunications media with a view to inducing or satisfying his or another person's sexual desire.

2. The Defendant, at the same time and place as set forth in the above 1. Paragraph (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, came to know of the victim’s first time while making a video call with the victim, and came to have her fry crys through the victim’s Kakakao Stockholm, and came to have her fry crys, and let the victim get her home at the Defendant’s home, and let the victim go

At around 19:30 on March 12, 2019, the Defendant: (a) placed the victim at the room of the above Defendant’s house; (b) placed the victim’s body above the victim’s body on the bed; (c) placed the victim’s body on the bed; and (d) placed the victim’s body and panty in the part of the victim’s body even though the victim said that he does not speak, and placed the victim’s sexual organ into the part of the victim’s body and continuously put the Defendant’s sexual organ into the part of the victim’s sexual organ, resulting in the victim’s refusal of the victim’s sexual intercourse, then put the victim’s sexual organ into the victim’s entrance by keeping the victim’s head into the victim’s inner organ; and (d) putting the victim’s hand into the victim’s sexual organ and ske the victim’s

Accordingly, the defendant is by force.