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(영문) 창원지방법원 2019.01.11 2018고단2716
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Child Welfare Act (Child’s coercion, intermediary, sexual harassment, etc.): around April 20, 2018, the Defendant sent a text message from the victim C (the 10-year age), which was known through smartphone hosting display, to the victim C (the 10-year age), at his own house located in Kimhae-si B, on April 20, 2018; the Defendant requested the victim to send the victim’s two body and sound photo; and sent the victim’s three photo of the victim’s body and sound photo; and then sent it from the victim by no later than 19:09 on the same day.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a child victim to feel sexual humiliation.

2. The Defendant, as set forth in paragraph 1, was in possession of obscene materials at the same time and place as that of paragraph 1, sent the victim’s brine, 3 and 3 video files recorded and transmitted by the said victim, and carried them on his/her cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. A police interrogation protocol of the accused (including a photograph of the closure of the screen on the attached DNA screen);

1. Statement to C by the police;

1. A report on internal investigation (Attachment to a photograph of the head of a DNA conversation);

1. Stenographic records;

1. Application of statutes governing damaged video files CDs;

1. Article 71(1)2 of the former Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017); Article 17 Subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 14925, Oct. 24, 2017); Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 14925, Oct. 24, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the long-term punishments of the above two crimes);

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

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

1. An order to restrict employment;

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