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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2019.08.12 2019고단1583
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No one shall deliver to the other party any words, sound, writing, picture, image, or object that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication with intent to arouse or satisfy his/her own or other person's sexual desire, or commit any sexual abuse, such as sexual harassment that may cause a child to have obscene act or a sense of sexual humiliation, etc., on January 21, 2019, the Defendant demanded the victim B (a child), who is 00:24 on January 21, 2019, and C to have his/her photograph known, and “I see, b 3, 300, 50, 300, 300, 300, 300,000, 300,000,000,000).”

Summary of Evidence

1. Defendant's legal statement;

1. The first protocol concerning the examination of the suspect against the accused;

1. stenographic records of victims;

1. A written petition;

1. Application of Acts and subordinate statutes to a protocol of seizure (14 pages), a list of seizure (15 pages);

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of obscenity using communications media), Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (a point of violation of the Child Welfare Act), and selection of imprisonment with labor

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2019); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the young who has become the adult age to prevent the Defendant from setting aside.

In addition, there is no criminal punishment.

However, the details of the defendant's use of SNS revealed in the crime of this case and the process of the crime of this case and the advices from this point.

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