Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
1. From February 16, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession)
2. By the end of 17.17., the victim G (the 12-year old age), who became aware of “F” in the office space of the E company, etc. located in Ulsan-gu, Ulsan-gu through “F”, sent the right of cultural products to the victim’s G (the 12-year old age group) with “I would send B/L photographs of B/L, if you send B/L pictures.” They stored B/L photographs from the victim as the Defendant’s cell phone and sent only the photograph of the right of cultural products already used to the victim.
Ultimately, the Defendant, knowing that he was a child or juvenile pornography, possessed it.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) requested the victim to take a photo, etc. at the same time and place as paragraph (1) but sent the victim’s photo, etc. to the victim’s cell phone, as the victim saw.
After all, the Defendant sent to the other party images that may cause a sense of sexual humiliation or aversion through a cell phone with a view to inducing or satisfying his own sexual desire.
3. 강요미수 피고인은 2016. 2. 18. 16:43경 제1항과 같은 장소에서 피해자에게 재차 음부 사진 등을 요구하였으나 피해자가 이를 거절하자, 위 제1항과 같이 확보한 피해자의 신체 사진을 배포할 것처럼 “사진 하나만 보내줘.“, ”노예 해주기로 했쟎아.“, ”노예 해줄거야 “, ”너 이러면 배신하면 나두 어쩔 수 없지.“라고 협박하여 피해자로 하여금 신체사진을 찍어 전송하도록 하게 하려고 했으나 피해자의 모친에게 그 범행이 발각되어 미수에 그쳤다.
Summary of Evidence
1. Defendant's legal statement;
1. Recording notes of the G statements;
1. The screen of H dialogue and the contents of the conversation;
1. Application of the Acts and subordinate statutes governing transmission photographs of victims;
1. Article 324-5 of the Criminal Act concerning the relevant criminal facts;