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(영문) 서울남부지방법원 2020.09.23 2019고단6693
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2019, at around 15:20, the Defendant sent a face-to-face (H) of the victim G (tentative name, leisure, age 11) cell phone (H) who was a child who became aware of the fact in the “F” through the pet function of the E B’s cell phone (D) installed in Pyeongtaek-si B.

As such, the Defendant committed sexual abuse, such as sexual harassment, which causes sexual humiliation to the victim at the same time, with intent to arouse or satisfy his/her own sexual desire, while having the victim receive the images that cause a sense of sexual humiliation through mobile phones.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (Attachment of Criminal Suspects and E dialogues to Victims), investigation report (Attachment of Results of analysis of evidence by smartphones of a Suspect);

1. Grievances submitted by the complainants, E-cap photographs;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 71(1)1-2 and Article 17 subparag. 2 of the Child Welfare Act (a point of sexual abuse against a child) on criminal facts; Article 13 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media) on the Punishment, etc. of Sexual Crimes (a point of obscenity for a child);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. When a conviction on the crime of a sex crime subject to registration and submission of personal information under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,

The defendant's age, occupation, and exemption from the disclosure order or notification order;

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