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(영문) 창원지방법원 2018.04.12 2017고단4018
아동복지법위반(아동에대한성희롱등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant sent his body photographed by the Defendant to the victim D (one year old, 8) who became aware of from September 24, 2017 to September 17:14, 2017 through mobile-making display display in Sungwon-si C, 310 Dong 1706, Changwon-si, Changwon-si, 310 Dong 1706 on the same day, and while carrying out hosting.

under section 24(b).

under section 24(1)(b).

In response to the request, the victim made a request for an inquiry, and had the victim transmit the case by affixing his/her body, sound, self-written photograph and video on about 10 occasions.

As a result, the Defendant committed sexual abuse, such as committing obscene acts to the victim who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records at the Masan Sea Center;

1. Application of internal investigation reports (Attachment of the contents of conversations exchanged with the defendant by the injured person), internal investigation reports (afolating the details of a victim's telephone from the suspect mobile phone with a photograph and video attachment), and video image visual reporting (applicable to Acts and subordinate statutes;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Punishment of Children and Child Uniforms (or Imprisonment), applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, has shown an attitude to reflect his/her mistake, and agreed with the parents of the victim.

The Defendant had no record of punishment prior to the instant case.

However, the crime of this case was committed against the 8-year-old child, and the case was not less than that against the 8-year-old child, but also has a large mental shock that the victimized child suffered.

Furthermore, the defendant tried to attract victimized children to a telecom.

In addition, in consideration of the age, sex, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

Where a conviction on the criminal facts indicated in the judgment against a defendant who shall file for the registration of personal information and shall be finalized, the defendant shall be punished as a sexual crime.

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