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(영문) 창원지방법원 2018.04.12 2017고합241
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

1. The Defendant committed an indecent act against a female her child, following the female her husband, while returning to his/her apartment complex located in Kim Jong-si, in which he/she was living, (a minor coercion under 13).

On May 12, 2017, the Defendant: (a) around 15:29, Kimhae-si apartment *** from the stairs of the 3rd floor to the fourth floor, followed the victim F (name, leisure, 7 years old) who was going up to the fourth floor according to the stairs from the stairs of the said 3rd floor, followed the victim into the fourth floor, and went up to the third floor again; (b) the victim was able to resist one hand of the victim by his own hand; and (c) the victim was able to resist one hand of the victim; and (d) the victim’s knife and the part and knife were cut back to the upper knife with the other hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. No person who violates the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall allow any person to reach another person repeatedly in the form of code, text, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, on February 11, 2017, the Defendant: (a) set up his own photograph of the victim I (Woo, 38 years of age) using his cell phone from 102 to 804, his house H apartment house 102 to G in Kimhae-si on February 11, 2017 as his representative photograph; and (b) set up the victim I’s photograph as the victim’s cell phone from the victim’s cell phone to “hum”; (c) and (d) “formerly love the victim;

All others:

I have been able to see for three years

“To die” until June 2, 2017, including sending the J message.

(b) If he causes death or injury to another person, he shall do so at all times.

“Ch or knife one’s own arms repeatedly transmitted his photograph.

As a result, the Defendant repeatedly sent letters or images that arouse fears and apprehensions through information and communication network to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1.The first time with respect to F.

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