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(영문) 인천지방법원 2017.06.08 2017고단824
아동복지법위반(아동에대한음행강요)
Text

A defendant shall be punished by imprisonment for six 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

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

On October 28, 2016, the Defendant: (a) accessed the Defendant’s residence located in Nam-gu Incheon Metropolitan City building C, 4.302, with smartphone, introduced the victim E (n, 9 years old) to be his own heavy student; (b) opened a video phone with the victim’s cell phone number to evaluate the victim’s own clothes; (c) requested the victim to see the victim’s body by using the victim’s cell phone number; and (d) “The victim sent his clothes to the driver, so I sent his clothes to the driver, so I am. I am the victim’s residence with the toilet, and then I am off the body of the victim.” (c) In light of the shape of the prime driver’s body, I am the victim’s body with the victim’s dwelling, and I am off the body of the victim.

Accordingly, the defendant committed obscene acts to the victim who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (recording and stenographic records for victims E);

1. Article 71 (1) 2 and Article 17 (2) of the Act on the Place of Punishment of Children and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

disclosure and disclosure;

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