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(영문) 부산지방법원 2020.10.14 2020고단2558
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

At around 05:33 on November 26, 2019, the Defendant sent two copies of his sexual photograph to the victim D (the name, f, and 17 years old) using S8 smartphones in the Defendant’s dwelling area between Busan Jin-gu B (hereinafter omitted) and Busan-gu B (hereinafter omitted).

As a result, the Defendant sent pictures that cause sexual humiliation or aversion to the victim using communication media for the purpose of meeting his/her sexual desire, and abused sexual harassment such as sexual harassment that causes sexual humiliation to the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of police statements, seizure, search and inspection warrant reply materials regarding D;

1. Application of each statute on photographs;

1. Article 71(1)1-2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), the selection of fines, etc. concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In a case where a conviction of the defendant against the crime of violating the Child Welfare Act (in a case where a conviction against the defendant is finalized as to the crime of violating Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 2(2)(d) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Disabled Persons with Disabilities, the defendant is a person subject to registration of personal information pursuant to

The defendant is exempted from an order to disclose or notify personal information.

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