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(영문) 전주지방법원 군산지원 2019.03.15 2018고단1353
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

1. Around June 22, 2018, the Defendant violated the Child Welfare Act (hereinafter “Child”) and the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession), saying, around 18:00 on June 22, 2018, the Defendant: (a) connected the Defendant’s house located under the Defendant’s subparagraph c of the building B in Gunsan-si with a smartphone to the “E” website; and (b) completed the completion to the Victim F (e.g., 12 years of age) by holding the Defendant as if he was 10 women; (c) sent the Defendant with the Defendant’s body attached; and (d) sent the Defendant’s photo, video image, etc. to the Defendant’s smartphone; and (d) stored the Defendant’s photo, video file, and smartphone.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a child to feel sexual humiliation or sexual harassment, etc., and possessed it with the knowledge that it is a child or juvenile pornography.

2. The Defendant, at the time, at the time and place specified in paragraph 1, requested the victim to “defect the video call,” but the victim rejected the request, thereby threatening the victim to the effect that the victim would spread the images and videos of the victim transmitted without the victim’s video call.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to child or juvenile pornography files (Chapter 12) confirmed by a suspect's Handphones;

1. Article 71(1)1-2 of the Child Welfare Act, Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 2 of the selective punishment for criminal facts (including where a child has committed an obscene act) and Article 11 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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