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(영문) 울산지방법원 2020.06.19 2019고합412
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years 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

In consideration of the specific risk of the victim, some amendments were made to the written indictment.

The defendant and the victim B (the family name, the female, the age of 17) are between the dynamics who are enrolled in the Ulsan High School in Ulsan.

1. On January 2, 2019, at around 20:00, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act) put the Defendant’s house into the drinking part of the victim by walking 3 members, including the victim, while playing together with his/her parents, and playing together with the Defendant’s house with three members of the guiding room, including the victim, while drinking together between his/her parents, and coming to the mixed room of the victim who was locked, and coming to the said room of the victim, and walking the victim’s chest, walking his/her chest with his/her hand, knching the victim’s breast, booming the victim’s finger, and inserting him/her into the part of the victim’s drinking part.

As a result, the defendant committed a similar act by using the fact that the juvenile victim was in a state of mental disorder.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. The Defendant taken photographs against the victim’s will, at the time and place under the preceding paragraph, using the Defendant’s cell phone function (opphoneX), such as the victim’s chest, and inserting fingers into the victim’s negative part.

Accordingly, the defendant taken the body of the victim who could cause a sense of sexual shame by using a mechanical device with a camera function against his will.

B. At around 19:00 on May 2019, the Defendant sent two video images taken by the sports center located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and two video images taken by the Defendant, as the first time to open-raising rooms of the Kakakao Akao Akax, a subsequent school of E and F, the same school of E and F.

As a result, the Defendant provided another person with taking photographs of the body of the victim who could cause a sense of sexual humiliation against the victim’s will.

Summary of Evidence

1. The defendant in the first trial record;

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