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(영문) 수원지방법원 안산지원 2020.06.24 2019고단4846
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall engage in sexual abuse, such as sexual harassment that causes sexual harassment, etc. to a child, and shall allow any person to have another person receive words and images that may cause a sense of sexual humiliation or aversion with the intention to arouse or satisfy the sexual desire.

On February 27, 2019, from around March 5, 2019 to around March 5, 2019, the Defendant sent text messages that cause sexual humiliations over six occasions, such as sexual harassment, to the victim B (hereinafter referred to as “the age of 14”) who was provokingd in the past, and at the same time sent text messages that cause sexual humiliations or aversions through communications media, with the aim of meeting the Defendant’s sexual desire.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused’s statutory statement made by the witness B, the suspect and the victim’s photographic photo taken pictures;

1. Articles 71(1)1-2 and 17 subparag. 2 of the Child Welfare Act (a point of sexual abuse against a child) concerning facts constituting an offense and Article 13 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using a communications medium prior to the amendment by Act No. 17264, May 19, 2020) (a point of obscenity using a communications medium);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

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

1. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59(3) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) becomes final and conclusive.

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