A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

On May 25, 2017, when the Defendant was unable to discern things or make decisions due to mental disorder around 17:03 on May 25, 2017, the Defendant entered the Defendant’s cell phone at his own house located in Ulsan-gu C with the Defendant’s mobile phone to open hosting room using the Defendant’s mobile phone, “E” in his name and then entered the Victim F (W, 11 years old), “W,” and “W,” the video permanent address without the victim’s video address that the Defendant has left once.

”, “ 본적 잇어 없어”, “ 솔직히 말해”, “ 본적 잇으면 혼자 방에 들어가서 자위해 본적 잇겟네

”, “ 한번쯤”, “ 물 나오고”, “ 꼭지에 우유 나오고”, “ 맛 잇겟네

”, “ 양 내랑 하자 보. 지 핥고 만져 줄께 돈은 당연히 주지”, “ 나랑 하자 한번만 하자”, “ 섹. 스”, “ 진심 진지함 하고 싶어서 미치겟음”, “ 너 보면 진심 개꼴림”, “ 가슴 만져 보고 싶고 핥고 싶고”, “ 너랑 하고 싶다”, “ 나랑 한번만 하자”, “ 아 나랑 섹. 스하 자”, “ 보. 지 핥고 만져 줄께” 라는 등의 G 메시지를 피해 자의 휴대폰으로 전송하였다.

Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion through communication media with a view to meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing G dialogues;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak) of the mitigated Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes committed by the Defendant, who is only 11 years of age, brings about the risk of hindering the sound growth of victimized children and the formation of sexual values by transmitting obscene comments as stated in its holding, and even before the instant case, the child is also a child.