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(영문) 광주지방법원 2020.07.22 2019고단4249
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Violation of the Child Welfare Act (Child’s coercion, intermediary, sexual harassment, etc.) requested the victim to the effect that “the victim shall affix his/her chest and sound photo to the victim” on the street of the D convenience store located in Seo-gu, Gwangju, through E App, from around March 23, 2019, he/she became aware of the victim B (tentative name, leisure, 12 years of age) through the mobile phone app “Stop” in February 2019, and the victim committed sexual abuse, such as forcing the victim to transmit the Defendant’s cell phone by attaching his/her negative photo to the Defendant’s cell phone by sending it to the victim’s mobile phone. When sending it, the victim sent it to the victim.”

2. The Defendant, at the time and place indicated in the above paragraph (1), received the victim’s negative photograph from the above victim, and then sent the victim a message to “to verify whether the victim was a four-way photograph” through E app, and requested several times, but the victim refused to transmit the message to the victim, and then the victim’s refusal to send the message to the person who knows four-way photograph. The Defendant sent the victim a message to the victim to the effect that “the victim would not be a four-way photograph.” The Defendant expressed the same attitude that the victim would spread the victim’s negative photograph if the Defendant did not comply with the Defendant’s request.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement under B;

1. stenographic records made by the victim B;

1. Application of Acts and subordinate statutes to photograph the content of conversation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 71(1)1-2, 17 subparag. 2 (the occupation of sexual abuse against a child, choice of imprisonment, and choice of imprisonment) and 283(1) of the Criminal Act concerning the selection of punishment (the occupation of intimidation and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 for disclosure or notification under the Act on the Protection of Children and Juveniles against Sexual Abuse;

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