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(영문) 수원지방법원 2017.05.11 2017고단1017
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a space between the victimized child C (n, 9 years of age) and the Defendant first known in D’s cell phone-complosors.

On September 13, 2016, the Defendant continuously divided the word “A (the age of 9) that is the victimized child via the aforementioned “D” into “A (the age of 17:00)” and “A (the age of 9) in which the victimized child was first hosting.” From September 16, 2016 to September 18, 2016, the Defendant sent a message that may cause sexual humiliation or aversion to the victimized child by using E, such as the written list of crimes, as shown in the attached Table of Crimes.

Accordingly, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to the text messages of victims;

1. Relevant Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Punishment of Children and Child Uniforms and the Selection of Imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the defendant sent a message that causes sexual humiliation or aversion to the victimized child who is only nine years of age, and the crime is not good, and the fact that the defendant did not receive a letter from the victimized child is disadvantageous.

On the other hand, the defendant reflects the wrong, and the defendant is the first offender, etc. are favorable circumstances.

The punishment as ordered shall be determined in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime.

The judgment of conviction against the defendant on the criminal facts in the judgment that is a sex offense subject to registration and duty to submit personal information is finalized.

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