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(영문) 울산지방법원 2015.12.24 2015고단2716
아동복지법위반(아동에대한성희롱등)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant and the Victim C (Grade 16, intellectual disability Grade 3, female) committed sexual harassment to obtain sexual satisfaction through Internet games for more than three years, and around June 2015, the Defendant and the Defendant took pictures of the victim’s chests and sent them to the victim’s chests, and did not communicate with the victim, but did not communicate with the victim’s chests, thereby making the victim take photographs of the victim’s chests, and received them to the Kakakao Stockholms, thereby hindering the normal development of the victim’s sexual harassment to obtain sexual satisfaction.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Welfare cards;

1. Application of the laws and regulations on the Kakao Stockholm dialogue and the Kakao Stockholm dialogue.

1. Article 71 (1) 1-2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning facts constituting an offense and Article 71 (1) 1-2 of the Child Welfare Act elective

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

1. The fact that a female juvenile, who has a intellectual disability with the knowledge of the reason for sentencing under Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who did not communicate with a female juvenile with his/her chest, would not be sent, and that sexual abuse against a victimized child, whose sexual values and judgment ability has not been sufficiently formed, such as receiving transmission thereof, is not good, and that the crime is not good, and that a sexual abuse of the victimized child, which was committed against the victimized child, whose sexual values and judgment ability has not been sufficiently formed, is divided into a proper conversation, such as referring to the sexual organ or sexual relation during the Kakao Kao Stockholm conversation with the victim trusting the Defendant.

However, the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant and there is no record of criminal punishment, and the age, character and conduct, environment, family relationship, relationship between the defendant and the victimized child, and the motive, background, means and consequence of the crime in this case.

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