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(영문) 창원지방법원 마산지원 2021.01.29 2020고단1063
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

Reasons

Punishment of the crime

On May 30, 2020, the Defendant became aware of the victim through the Kakao Stockholm Opening room established by the victim B (V, 17 years old) around May 30, 202.

1. On May 31, 2020, the Defendant committed the crime at around 11:42 on May 31, 2020, and on the ground that he would offer a part-time job to the victim at a non-permanent location below the Masan-si, Changwon-si on May 31, 2020, the Defendant sent the victim a photograph of the chest and panty in the state where he/she had the victim take photographs of his/her upper half of the clothes and the panty in which he/she had the victim take photographs of his/her upper half of the clothes, and continued to have the victim take photographs of his/her chest and panty."

2. On May 31, 2020, the Defendant committed an obscene act against a child by having the victim take pictures of the body and the body of his clothes, while speaking to the victim at a place in which Changwon-si is not more than the members of Changwon-si, Masan (hereinafter referred to as “chaning pictures and photographs of her clothes, she shall be removed from all her inner clothes” and having the victim take photographs of the body and the body of his clothes.

3. On June 1, 2020, the Defendant committed an obscene act against a child by having the victim photographed only his/her clothes, while stating that “The Defendant sent two pages on his/her clothes photographs on the body of the victim and two pages under the body of the victim,” in a place where the Defendant had the victim and his/her characters at a place of not more than the members of Changwon-si, Masan-si.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. 피고인과 주고받은 문자 내용 켭쳐 사진, 피고인과 통화한 내용 캡 쳐, 디지털 증거분석 결과 보고서, 압수 목록 법령의 적용

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Place of Punishment of Children and Child Uniforms, Articles 71 (1) 1-2 and 17 of the Act on the Place of Punishment of Specific Crime, Selection of imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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