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(영문) 서울북부지방법원 2017.10.19 2017고단3199
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who makes a woman a "SM display (a family sexual act)" using smartphone c, thereby making a woman a "SM display".

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 May 1, 2016, the Defendant: (a) granted KRW 110,00 in cash to the victim D (M, 17 years of age) who is a juvenile for the purpose of his sexual interest in the mutual influenc Myeon-dong, Jung-gu, Seoul, Jung-gu; (b) had the victim face, body, and flaps from the shoulder to the brap; (c) had the victim take the face, body, and flaps to the boo; and (d) had the victim take part in the flaps.

Accordingly, the defendant made a sexual abuse by giving cash to the victim who is a child or juvenile, and committing obscene acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (a text that is written by dividing the suspect found from the cell phone of the victim with the text);

1. Application of the Acts and subordinate statutes governing cell phone pictures;

1. Relevant Article of the Act and Article 71 (1) 1-2 and subparagraph 2 of Article 17 (Selection of Imprisonment) of the Act on the Punishment of Children and the Place of Punishment for the Crime;

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

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

1. In full view of the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, previous convictions, and other various circumstances, such as the benefits and effects expected from the disclosure order and notification order of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows, and the age, occupation, sex, family relationship, and crime of the defendant.

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