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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Reasons
Punishment of the crime
1. On December 21, 2012, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), sent video images to his/her cellular phone (nive, 15 years old) using the victim C (nive, 15 years old) at a place where it is unknown at least 1:00, and “the content of self-defacing in person with his/her sexual organ’s hand and scams
Accordingly, the Defendant sent to the victim the images that may cause sexual humiliation or aversion through mobile phones with a view to meeting his own sexual desire.
2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;
A. On November 1, 2012, the Defendant: (a) around 15:00 in the order of mid- to 15:00, the Defendant stated that “the Victim is only one time,” in the multi-family house △△△△△△, a house of the victim C (nive, female, 15 years of age) located in Daejeon-gu, Daejeon; and (b) was equipped with the victim’s clothes above.
B. On January 1, 2013, at around 15:00, the Defendant, who was parked on the road near the F Park located in Daejeon Jung-gu, Daejeon, called “a large number of victims”, was sent to the victim’s clothes.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile on two occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the police against C (Evidence records 3 to 11 pages);
1. Application of the Acts and subordinate statutes governing self-defense acts committed by a suspect A to the victim;
1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 7 (3) of the former Act on the Protection of Sex Offenses against Children and Juveniles (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the Criminal Act,
2. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, and Article 2-1 (a) of the judgment with the largest punishment shall be applicable.