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(영문) 서울남부지방법원 2016.12.07 2016고단4602

아동복지법위반(아동학대)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 12, 2016, the Defendant: (a) requested the victim F (hereinafter “E”) who was a child to know contact with the victim via Internet Carbook “E”; (b) requested the victim F (hereinafter “E”); (c) to send a video to him/her; (d) to send the video; (b) received the video from the victim; (c) contacted the victim on January 13, 2016; and (d) contacted the victim on January 13, 200:33; and (c) sent the video to him/her to collect cryp, etc.; (d) requested the victim to send the video to him/her; and (e) received the video from the victim with the victim’s body “10 cryp, broom, etc.” on the same day; and (e) received the video from the victim with the victim’s body “16 cryp, etc., with the victim’s body cryp,” and then received the video from the victim with the victim’s body “16 10 cryp.

Accordingly, the Defendant committed sexual abuse by committing obscene acts against children more than five times in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 71 (1) 1-2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Article 8(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child and Juvenile Abuse Crimes and the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse are merely 17 years of age.