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(영문) 서울남부지방법원 2016.07.15 2016고합120
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2014, the Defendant: (a) divided the victim E (n, 14 years of age) and obscene conversations that he/she came to know through D, which was held in around 2014, and (b) was sent the victim’s chest and fluor photograph by threatening the victim to know about the fact that he/she had made obscene conversations without complying with his/her horses to the victim’s speech; and (c) was transmitted the victim’s chest and fluor photograph to the mobile phone.

Then, the Defendant: (a) threatened the victim to know about his or her chests, fry photographs, obscene conversations exchanged with the victim, etc. that he or she did not talk with him or her; and (b) sent the victim to a nearby F market in the Defendant’s residence on July 2014.

Defendant 1 entered the first column for the right side of the male toilet of the F market “H” building in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, leaving the door, and threatened the victim with the above pictures and conversations to spread if he does not hear his horses, and let the victim frightly spread such pictures and conversations, and then the victim frights the victim’s chest.

Then, the Defendant exceeded the clothes of the victim, inserted his sexual organ into the resistance of the victim, and repeatedly inserted his or her sexual organ into several times, and considered him or her in the entrance of the victim after deducting his or her sexual organ.

From July 2014 to February 16, 2016, Defendant: (a) threatened a juvenile victim by the foregoing method; (b) committed an act of inserting the sexual organ inside the mouth or anus of the victim in total 13 times from July 2014 to February 13, 2016, as indicated in the List of Offenses.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of a witness I;

1. Statement protocol by the police for E;

1. Application of TR-ONEY Card Transactions Statement, J dialogue (victim) and two on-site photographs statutes at the scene of crime;

1. Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, as to the facts constituting the relevant crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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