2015Gohap475,650 (Joint) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Demotion)

B) The Act on the Protection of Children and Juveniles against Sexual Abuse

half (production, distribution, etc. of obscene materials) sexual crimes

Article 10 (Violation of Special Act on Punishment, etc. of Cameras)

(ix) in respect of intimidation, or the punishment of a sexual crime;

Article 20 (obscenity of Communications media)

Class 1 ① (75 years old, remaining) construction business

Housing Ansan-si

[Attachment Incheon District of Original domicile]

Kim Delay, Kim Pung (prosecutions) , Kim Young- or (Trial)

Attorney Song-soo

January 21, 2016

A defendant shall be punished by imprisonment for six years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Information on the accused shall be disclosed through an information and communications network for five years: Provided, That the sex offense disclosed

The summary of the judgment is the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), the punishment, etc. of sexual crimes.

violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Telecommunications Means)

Only for the crimes of obscenity)

information on the accused for five years (Provided, That the summary of the sex offense notified shall be the child or cleaning indicated in the judgment.

A violation of the Act on the Protection of Sexual Crimes (Rape) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Kamera, etc.)

(ix) is limited to crimes against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media).

The seized mobile phone (TM 4), one (No. 1), two (No. 3), two (No. 3), and two Bodmacar strokes.

(No. 4) Each seizure of evidence.

Criminal facts

" 2015, 475"

On July 19, 2015, at around 25: 25, the Defendant visited the victim Kim ○○ (n, 13 years old) (n, 13) who had sexual hophone hosting programs through “A,” and promised to enter into a principal-class relationship where the Defendant becomes the principal and the victim's ‘s old times' or ‘the victim', and continue to obey the victim's statement through ‘% of the smartphone' online Meet.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape);

On July 20, 2015: at around 00, the Defendant: (a) talked with the victim at the lower seat of a rocketing vehicle located in the apartment parking lot located in Suwon-gu, Suwon-si, to talk about the principal and the principal relationship; and (b) attached clothes to the victim, and attached him/her his/her face to him/her, and asked him/her to do so. (c) “I see that he/she has the opening of the opening and the panty of the victim while taking a bath; (d) I am off the victim’s load and the panty pansty; and (e) I am the victim’s chest after having the victim covered the front WIG of the water surface; and (e) I am.

After having continuously made one's own panty and the other party's sexual flag, the defendant did not resist against the other party by breaking the victim's head as the victim's head was refused, allowing the victim to boom his own sexual flag, inducing the victim to boom, threatening the defendant's hand to boom his desire to boom, and passing the victim's sound, and booming the victim's finger by inserting his finger into the victim's negative part, and committing sexual intercourse once by inserting the victim's sexual organ into part of the victim's negative part.

Accordingly, the defendant raped a child or juvenile by intimidation.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Used and Screening of Camer, etc.);

A. The Defendant, at the above date and time, took a 34 photographed by using a camera installed in his own phone, such as a flash, which had been prepared in advance at the victim’s time and place, “I Dol,” “I Dol”, “I Dol Dol Kim Don Don,” and the victim’s flag was in contact with the Defendant’s sexual organ; the Defendant’s sexual organ was in contact with the victim’s sexual organ; the Defendant’s sexual organ was in contact with the victim’s sexual organ; the victim’s sexual organ was in contact with the victim’s sexual organ; the victim’s sexual organ was in a way that the victim took the Defendant’s sexual organ; the victim’s finger was flad with the victim’s finger; and the Defendant took a photograph of 34 copies, such as a camera installed in his own phone.

As a result, the defendant taken another person's body, which may cause sexual humiliation or shame, against his/her will, using a device with a camera function, and at the same time produced obscene materials for children and juveniles.

B. At around 17:44 on the same day, the Defendant posted five photographs, such as a photograph of the Defendant’s sexual organ to the victim’s sound book, a photograph of the victim’s sound book, a photograph of the victim’s sound book, and a photograph of the victim’s sexual organ taken by the victim’s hand, etc., on the above vehicle that parked near the above apartment.

As a result, the defendant distributed the photographs of another person's body, which may cause sexual humiliations or value depth, using a mechanical device with a camera function, and distributed children and juveniles' pornography at the same time.

C. On July 21, 2015, at around 00: 49, the Defendant, in the Defendant’s residence located in Ansan-si, stated the victim’s chest in the same manner as that of the foregoing B., the Defendant posted a photograph of the victim’s ○○ Kim ○○’s head on the victim’s chest in the same manner as that of the foregoing.

As a result, the defendant distributed the photographs of another person's body, which may cause sexual humiliations or value depth, using a mechanical device with a camera function, and distributed children and juveniles' pornography at the same time.

3. Intimidation.

A. On July 21, 2015, around 08: 47, the Defendant: (a) sent a text message, “on the part of the victim’s personal phone,” if the victim left the Republic of Korea after the maturity of the Incheon Central Airport, which was located in Jung-gu Incheon Airport, on the ground that the victim did not answer the contact of the defendant, and then the victim left the Republic of Korea on the part of the victim; (b) if the victim became aware of the expansion of 20,000, the Defendant threatened the victim by transmitting the text message, “W

B. On July 21, 2015, at around 20: 20:15, the Defendant sent a text message to the victim’s mobile phone (4) where the victim scam with online Mescam scam scam scam scam scam scam scam scam scam scam, and where the Defendant unilaterally paid the end of scam with the pictures scam scam scam scam scam scam scam scam scam scam scam, and the Defendant’s decision on the kcam scam scam scam scam scam scam scam scam scam scam scam, and the victim threatened by sending text message

C. On July 24, 2015, the Defendant: around 02:14, at the same place as above, and in the same manner as above, the Defendant: (a) discarded the reason; (b) stated that the Defendant stated the reason; and (c) expressed the text message “24 hours,” thereby threatening the victim.

" 2015 Gohap650"

4 . 피고인은 2015 . 8 . 4 . 20 : 05경 카자흐스탄국 이하 불상지에서 , 자기 또는 다른 사람 의 성적 욕망을 유발하거나 만족시킬 목적으로 , 카카오톡 메신저를 통하여 피해자 이 ○○ ( 여 , 17세 ) 에게 , ' 세상에는 말이지 고상한 척 순수한 척 아무것도 모르는 것처럼 맑 은 눈망울로 거짓된 인생을 살아가는 발정난 암캐들이 참 많아 . 잘해주면 자신이 뭐가 되는 것처럼 , 하지만 시간을 바라보는 촉이 있는 사람들은 내면에 숨겨진 이를테면 노 예본능을 발견하고는 하지 . 바로 너처럼 . 넌 그냥 잘해줘도 의미없는 주인잃은 암캐일 뿐이거든 . 오랜 훈련으로 만들어진 너의 엉덩이가 그걸 말해주거든 . 아직은 이벤트까지 는 아니더라도 버림받기 싫어서 성상납하는 개걸레 ! ! 뭔가 큰 착각을 하고 있어 . 넌 처 녀도 순수한 섹ㅍ도 아니야 . 넌 그냥 말들으면 동네 개들에게 돌림이나 당하는 처녀일 뿐이거든 . 그리고 나이도 너무 많아 . 솔직히 내아는 동생들에게 놀이개로 주고 싶었는 데 ! ! 어디서 시건방지게 자유의사를 밝히는지 모르겠다 . 노예나 암크는 자신의 생각을 말해서도 안되거든 , 그냥 개처럼 먹고 , 싸고 , 질퍽하게 스팽을 해줘야 본능으로 돌아가 거든 ! ! 넌 개야 . 넌 인간이 아니야 . 인간인척 말하는 개들은 정말 역겨워 . 묶어놓고 교 육이 필요해 알겠니 . 머리 조아리고 잘못했습니다 . 주인님 해봐 . 그레야 ' 라는 내용의 메 시지와 여성의 뒷모습 나체가 촬영된 사진을 전송하였다 .

Judgment on the argument of the defendant and defense counsel

1. The assertion;

With respect to the crime of violation of the Child and Juvenile Protection Act (Rape), the defendant has not inserted the defendant's sexual organ into the sexual organ of the victim Kim ○○.

2. Determination

Comprehensively taking account of the following circumstances, the evidence adopted and examined by this court may be recognized as having inserted the Defendant’s sexual organ in the victim Kim ○○’s sexual organ, so the Defendant’s assertion of the Defendant and the defense counsel is not acceptable.

A. The time of the commencement of rape does not require that the male flag start to start to the female sex organs, and that the female sex organs completely inserted into the female sex organs.

B. The victim Kim Jong-○ stated in the prosecution that “When it is so far as the proposal continues, I would like to put himself in the lower test (the defendant’s sexual flag). Therefore, I would like to keep the defendant informed,” and the police stated that “I would like to promptly see the following while inside, and attempted to engage in § 22(a).” The victim Kim○-○ stated consistently that the defendant tried to put the victim’s sexual organ into the sexual organ of Kim○○○.”

C. According to the photographs attached to the investigation report No. 13 of the evidence list No. 2015 Gohap475, the fact that the Defendant’s sexual organ was partially inserted in the victim Kim ○○’s sexual organ can be confirmed.

Application of Statutes

1. Relevant Articles of criminal facts;

Article 7 (1) (a point of juvenile rape) of the Act on the Protection of Children and Juveniles against Sexual Abuse, children and juveniles

Article 11(1) of the Act on the Protection of Sexual Abuse (a point of production of child and juvenile pornography) and each sexual assault;

Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes (Taking photographs using cameras, etc. and distributing photographs)

2) Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the distribution of child and juvenile pornography)

In this regard, the provisions of Article 283(1)(a) of each Criminal Code, and the punishment of sexual crimes, etc.

Article 13 (Porn Points of obscenity Using Communications Means)

1. Competition;

Articles 40 and 50 of the Criminal Act / [Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse concerning Production of obscenity]

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes listed in paragraph (1) of Article 2 of the Judgment and the Regulation

Abs and juveniles with respect to the production of obscene materials with heavy punishment among crimes of Kameras, etc. (use and photographing of cameraas)

Punishment on the crimes of violation of the Act on the Protection of Sexual Abuse (production, Distribution, etc. of obscenity) and the distribution of each obscene material

Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and Article 2 of the Decision on the Protection of Children and Juveniles against Sexual Abuse

The Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the distribution of obscene materials with heavier punishment

half (such as production, distribution, etc. of obscene materials) Punishment provided for in the crime

1. Selection of penalty;

Children and juveniles related to the production of obscene materials (Rape) under the Act on the Protection of Children and Juveniles against Sexual Abuse;

Imprisonment with prison labor and the distribution of obscene materials for crimes in violation of the Act (production, distribution, etc. of obscene materials)

A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), intimidation, sexual crime

The choice of each imprisonment with prison labor for a crime violating the Act on Special Cases concerning the Punishment, etc. of Crimes (obscenity using communications media).

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

Aggravation of concurrent crimes with punishment stipulated in the crime against the Protection of Juveniles against Sexual Abuse Act (Rape)

1. Order to complete a program;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse

Act No. 21 (2)

1. An order of disclosure;

Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

Article 49(1) of the Act : Provided, That the summary of a sex offense disclosed to the public shall be the officer for the protection of children and juveniles against sexual abuse in the judgment

violation of law (Rape) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras and Film), sex;

Violation of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes (obscenity using communications media)

1. An order to notify;

Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

Article 50 (1) of the Act : Provided, That the summary of the sex offense notified shall be the center for the protection of children and juveniles against sexual abuse in the judgment.

violation of law (Rape) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras and Film), sex;

Violation of the Act on Special Cases concerning the Punishment, etc. of Violence Crimes (obscenity using communications media)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The range of applicable sentences: Imprisonment for not less than five years nor more than 45 years; and

2. Scope of recommended sentences according to the sentencing criteria; and

(a) A crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape);

[Scope of Recommendation] General Criteria for the crime of rape (subject to the age of 13 or more)

【No Special Convicted Person】

[Decision of Recommendation] Basic Area

[Scope of Recommendation] Imprisonment from 5 to 8 years

B. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the punishment of sexual crimes, etc.

Act on Special Cases concerning the Violation of the Act on the Use of Communications Media)

The sentencing criteria are not set.

(c) Scope of recommendations according to standards for handling multiple crimes: Imprisonment with prison labor for not less than five years;

3. Determination of sentence;

In light of the following: (a) photographs taken without the consent of the victim Kim ○○; (b) sent the Defendant’s pictures to his will to distribute the obscene materials; (c) sent the victim’s pictures containing such sexual intercourses to and threatened the victim ○○○; and (d) sent obscene messages to the victim ○○○○; (b) in particular, the victim Kim○, who was used by the rape in the production of obscene materials, is a child or juvenile under the age of 13; (c) the victim Kim○ appears to have suffered considerable mental shock; and (d) the victim Kim○ and Lee○ intended the Defendant’s punishment.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, family environment, family relationship, circumstances after the crime, etc., when the defendant led to the confession of each of the crimes of this case, the defendant reflects his mistake, and the fact that the defendant did not have the same criminal record, etc., as stated in the Disposition.

Punishment shall be determined.

Registration of Personal Information

In a case where a judgment of conviction against the Defendant is finalized as to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (production, Distribution, etc. of obscenity), a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium), the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus

For the purpose of judge mistake

Judge Lee Jin-hee

Judges Maximum Min-man