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(영문) 울산지방법원 2018.08.23 2018고합55
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for three years.

The defendant's information on the defendant shall be disclosed through an information and communications network for a period of three years.

Reasons

Criminal facts

On October 11, 2017, the Busan High Court sentenced a person to two years and six months of imprisonment and three years of suspended execution as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act by force against minors under the age of 13) and the judgment on October 19, 2017 becomes final and conclusive and conclusive.

[Criminal facts]

1. The Defendant committed the crime against the Victim B was aware of the fact that the Defendant was a child since he was given and received the message via “D” within the “D” in the Victim B (the age of 9 at the time) and the “Monphone D,” and on December 14, 2017, he was about 14 suicide from the victim on December 14, 2017. In other words, around 18:55, the Defendant had been aware of the fact that he was a child.

The Defendant, at around 18:53 on December 14, 2017, at the Defendant’s residence located in Ulsandong-gu F apartment G, Ulsandong-gu around 18:53, the Defendant requested the victim to use 8 mobile phones in his gallon by demanding a victim to send a copy photograph and chest photograph of the victim from the damaged party by using e-mail, and received one copy photograph of the victim from the damaged party from the damaged party by using the gallon method, from around that time to 18:57 on the same day from around 18:57 of the day of the crime list (Ⅰ) in attached Table 1, even after receiving the victim’s sound and chest image from the injured party on four occasions, and stored the above photograph in his mobile phone gale before being immediately arrested on February 21, 2018 and seized it to the investigation agency.

Accordingly, the defendant was aware that he was a child or juvenile pornography.

2. The Defendant committed the crime against the victim H was as follows: (a) as between the victim H (the 12-year-old age) and the smartphone display display “I”, the Defendant graduated from an elementary school from the victimized person while holding I and was scheduled to enter a middle school. As such, the Defendant was the victim.

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