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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단1237
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant from October 6, 2017 to October 23:52 to the same month.

7. The defendant's house located in the defendant's office located in Seoyang-gu Incheon Metropolitan City 108 Dong-dong 401, Goyang-si, Seoyang-si between 00:30, the defendant's house located in the Internet site "Nurido-do" is the victim D (n, 13 years old) and the victim D (n, 13 years old).

Then, “I am to spread the above posts to the right North Korea” to the victim E.

When transmitting the message “,” the victim made the victim take pictures and videos in a state where it is difficult for the victim to refuse the Defendant’s demand, and then received them by E message to have the victim do an obscene act against the child or sexual abuse, such as sexual harassment, which may cause a sense of sexual humiliation, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Completion of the analysis of suspect A mobile phone evidence);

1. Application of Acts and subordinate statutes concerning mobile phone conversation between A and victim D;

1. Article 71(1)1-2 and Article 17 subparag. 2 of the former Child Reinstatement Act (Amended by Act No. 14925, Oct. 24, 2017); the selection of a fine for a crime, Article 71(1)2 and Article 17 subparag. 2 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant, as an adult, should be able to protect children and juveniles from sex offenses and grow up to be members of a healthy society, he/she would rather seriously impede the formation of a sound sexual value and the development of personality of the victim by threatening the victim who is only 13 years of age to take photographs of the body.

Considering the remaining mental state of the victim who committed the instant crime, it is necessary to strictly punish the Defendant.

However, the defendant recognized the crime of this case and himself.

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