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(영문) 서울북부지방법원 2017.03.16 2016고단5722
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

Nevertheless, around 14:04 on July 10, 2016, the Defendant: (a) provided the victim D (hereinafter “E”) who became aware of at the Internet site of Seoul Special Metropolitan City, Nowon-gu 102 Dong 503, and “C” with “E”; (b) requested the victim to “BV show”; and (c) threatened the victim with the contents of the conversation that the Defendant and the victim had to go through “C” on the victim’s school homepage.

피고인은 이에 겁을 먹은 피해자에게 그 때부터 같은 날 16:02 경까지 “ 그대로 브레이 지어 벗어서 찍어 줘!! 가슴보고 싸고 싶어”, “ 다리 벌려서 팬티 찍어 줘 이제”, “ 팬 티 다리 사이 껴서 보지랑 같이 나오게 찍어 줘 이제 ㅋㅋ”, “ 동 영상 찍어 줘 보지만 지면서 넣었다 하면서~ 소리도 쫌 내주고” 라는 등 메시지를 보내

The victim had the victim photographed the video as requested by the defendant, and then sent the photograph to the victim more than six times in total.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a child, to feel sexual humiliation, against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (the counter-investigation of victims and appendix details to E);

1. Application of statutes to stenographic records;

1. Relevant Article of the Act and Article 71 (1) 1-2 and subparagraph 2 of Article 17 (Selection of Imprisonment) of the Act on the Punishment of Children and the Place of Punishment for the Crime;

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

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the age, occupation, family environment, social ties, previous conviction, and recidivism of the accused);

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