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(영문) 수원지방법원 안산지원 2018.02.09 2017고합135
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment for not less than one year 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

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and the violation of the Child Uniforms Act (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”) and the victim’s home located in the Defendant’s home located in Ansan-si C apartment D on January 22 and 26, 2017, after having come to know through E, and after having come to know, the victim’s chest was sent to the victim while dialogueing in G, and the victim’s chest was sent to the victim, and the victim was refused to do so from the victim. However, the victim’s sexual intercourse (the female’s sexual intercourse was omitted with male’s sexual organ) was sent to the victim so that the victim may feel sexual humiliation or aversion, and made the victim feel sexual harassment, such as sexual harassment, and made the victim feel sexual humiliation, through a communication medium, and made the victim feel sexual harassment, at the same time.

2. From March 18, 2017 to March 25, 2017, the Defendant received from the Defendant’s house, from the victim B (V, 15 years old), a victim’s upper half of his/her body photograph from the victim’s house, and possessed a child or juvenile pornography by storing it in the Defendant’s cell phone (LG G5 and I).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police seizure protocol (Voluntary submission and evidence list No. 20);

1. Each investigation report (No. 44,56 No. 56);

1. Application of Acts and subordinate statutes, such as the photograph of cellular phone possession (No. 45 No. 57 of the evidence list), the photograph of cellular phone storage (No. 64 of the evidence list);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 71(1)2 and Article 17 subparag. 2 of the Child Uniforms Act (a point of sexual abuse against a child), and Article 17 subparag. 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning criminal facts;

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