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(영문) 인천지방법원 2018.08.16 2018고단3871
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B (n, 12 years old) are between the defendant and the victim through an app.

On August 24, 2017, the Defendant sent a message to the victim, who heard the victim’s speech that “I am in our house” from the victim “I am in our house,” and sent a large number of photographs to be considered “I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

As a result, the Defendant sent letters and videos that may cause sexual humiliation or aversion to the victim through communications media with a view to inducing or satisfaction of his or another person's sexual desire, and at the same time abused sexual harassment that causes a child to feel sexual humiliation or aversion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of statements made for damage;

1. Application of Acts and subordinate statutes for internal investigation reports (Attachment to C message, etc.);

1. Article 71(1)1-2 and Article 17 subparag. 2 of the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017; and enforced April 25, 2018); Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of child sexual abuse);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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