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(영문) 광주지방법원 2020.02.12 2019고단4245
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 15, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession) was aware that he/she was a middle student of the victim D (the age of 13 at that time) who was aware of the fact that he/she was a middle student of the victim’s chest photographs from the victim’s chest Kakao Kakamath from around 09:57 (A date and time related to the United States East-gu B and C; hereinafter the same shall apply) around 09:57, the Defendant requested the victim to be exposed to his/her body, as indicated in attached Table 1, and possessed them after being transmitted the victim’s chest, etc. from the victim’s chest to December 9, 2017.

2. Around December 9, 2017, the Defendant committed sexual abuse, such as sexual harassment, etc., committed by transmitting a message as shown in the annexed Table 2 from around the time to 13:56 of the same day by sending the message to the victim D (n, 13 years old), a child, who became aware of, as described in paragraph 1, at the place of residence indicated in paragraph 1, (1) and sending a message, such as “I want to be exposed to time, satisfactory, humping, and humping.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the suspect A Kakao Stockholm dialogue statutes;

1. Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials), Article 71(1)1-2 of the Child Welfare Act, and Article 17 subparag. 2 of the same Act, the selection of imprisonment for a crime, as well as the selection of punishment;

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

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

1. Reasons for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse - favorable circumstances: The defendant's mistake.

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