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(영문) 대구지방법원 2019.09.20 2019고합263
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

One cell phone (No. 2) seized shall be confiscated.

(b) the defendant;

Reasons

Criminal facts

On August 11, 2017, the Daegu District Court sentenced the defendant to one year of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and terminated the execution of the sentence on August 10, 2018.

【Criminal Facts】

On May 10, 2019, at the defendant's house located in Daegu Jung-gu, Daegu, at around 21:00, the defendant was sent two copies of the victim's body photograph taken by the victim by threatening the victim by threatening C to send a text message stating that "the chest photograph taken by the victim in the phone number and video call will be distributed to the Internet," and that "the victim's body photograph taken by him/her from the victim is sent to the victim's cell phone. If it is not so, the defendant was sent two copies of the victim's body photograph taken by him/her by threatening-gu, Daegu, by threatening-gu., by threatening the victim's cell and video call."

As a result, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through telephone with a view to inducing or satisfying his/her own sexual desire, and made a child or juvenile pornography by coercion, and produced child or juvenile pornography.

[The ground for requesting probation order] The Defendant committed a sexual crime by compulsion of a victim who is a child or juvenile, as above. The Defendant is likely to recommit a sexual crime in light of the Defendant’s same criminal history, criminal background, method of crime, and circumstances after the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Protocols of seizure (provings Nos. 20) and lists of seizure (Evidence Nos. 21);

1. Each internal investigation report (including the number Nos. 4, 6, 8, 9, and each accompanying material) and the list of evidence in the investigation report, each of them is 18,22,25.

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