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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
. The Defendant was aware through the Internet game around June 2017 with the victim C (here, D’s birth) and around June 2017. The Defendant started school programs from around July 28, 2017 and started on August 1, 2017.
1. No one shall engage in sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation, against a violation of the Child Uniforms Act (including coercion, intermediary, sexual harassment, etc. against a child);
그럼에도 피고인은 2017. 7. 31. 22:55 경 불상지에서 피해자에게 “ 하고 싶다 하 진짜 ㅋㅋ/ 너 때 매/ 미친다” 라는 내용의 문자 메시지를 전송한 것을 비롯하여 2017. 7. 29. 경부터 2017. 8. 14. 경까지 별지 범죄 일람표 기재와 같이 총 136회에 걸쳐 아동인 피해자에게 성적 수치심을 주는 성희롱 등의 성적 학대행위를 하였다.
2. On August 18, 2017, the Defendant intrusiond the victim’s residence by entering his/her house into the said C and sexual intercourse with his/her mother, by taking advantage of the gaps in which the victim is absent, and entering the house in his/her residence, around 15:40 on August 18, 2017, and 1**** 2*.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against C;
1. Each police statement with respect to C and F;
1. Attachment of the content of the G message divided by the victim and the victim, and application of the Act and subordinate statutes to a report on investigation (G dialogue content 2-suspect);
1. Relevant legal provisions concerning the facts constituting an offense, Article 71(1)2 of the Act on the Prevention of Children’s Child’s Reinstatement, Article 71(1)2 of the same Act, Article 17 subparag. 2 of the same Act (a point of sexual abuse), Article 319(1) of the Criminal Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances, the grounds for sentencing under Article 21(2) through (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes:
- The Defendant’s instant case.