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(영문) 수원지방법원 성남지원 2016.07.22 2016고단628
강요등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around June 2014, the Defendant became aware of the victim E (W, 12 years of age) through a cell phone “D” case, and sent several images to the victim’s cell phone without posting the above text, or sent the victim’s cell phone to the victim’s cell phone with one another with one another’s personal body or with one another’s photographed pictures. On August 2014, 201, the Defendant started to express his intention of refusal on the victim’s act of obscene act with the Defendant with one’s mother, and then, on the victim’s mother’s “F” page, followed the victim’s “F” page, and exchanged the victim’s photograph with one’s bit and divided one’s sound conversations, and then sent the victim’s cell phone with the victim’s cell phone without complying with the Defendant’s obscene demand, and then threatened the victim’s mother’s “F” page without complying with the Defendant’s obscene demand.

Therefore, on August 2014, the Defendant had a brue victim, who was frightened in early 2014, communicate with the Defendant one-time image by his body, and had the victim do sexual harassment, etc., which causes sexual humiliation to the victim as a child, and did not have any duty at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of examination of witnesses E;

1. Stenographic records;

1. Contents of G message, content of G message, etc.;

1. Application of Acts and subordinate statutes on resident registration;

1. Relevant Article 324 of the Criminal Act concerning the crime (a point of coercion) and Article 71(1)2 and Article 17 subparag. 4 (a point of abuse, such as sexual harassment, etc.) of the former Child Uniforms Act (Amended by Act No. 12361, Jan. 28, 2014)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 21(4) and the main sentence of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Ordering Education is 12 years of age with physical and mental care to obtain the sexual satisfaction of the defendant.

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