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(영문) 대구지방법원 2017.12.08 2017고합442
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

When the seized mobile phone Samsung Tallon ju (SM-700K) is one (No. 1).

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") is a person who was a soldier belonging to the brigade C of the Medical Service Association of the Medical Service of the Gyeonggi-gu.

On February 2, 2016, the Defendant became aware of the victim E (the age of 12 at that time) who is a child by using a computer located there at C Computer room.

The Defendant sent obscene pictures to the victim (the age of 12 at the time) using a computer located in C computer room from February 17, 2016 to around 18:30 of the same month from February 17, 2016 to around 18:30 of the same month.

In addition, the victim requested to transmit the victim's Messenger to D's Messenger.

In addition, the Defendant sent obscene pictures and videos to the victim (hereinafter at the time 12-13) in C computer room or Daegu-gu from 78 times on May 21, 2017 through 78 times, as indicated in the list of crimes in the attached list of crimes, and requested the victim to allow the victim to take video pictures on a cell phone while going through the oral bridge, and to allow the victim to transmit obscene pictures and videos, such as sound and chest, and to allow the victim to take video pictures while going through the oral bridge.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a child to have an obscene act or intermediate it, or sexual harassment that causes a child as a sense of shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A protocol of seizure and a list of seizure;

1. Mobile phone photographs;

1. Application of each investigation report (No. 35, No. 38 and No. 47) statute

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

1. The punishment stipulated in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (a violation of the Act on the Aggravated Punishment of Children's Uniforms No. 75 No. 5 of the Crimes with the largest penalty (a violation of the Act on the Aggravated Punishment of Children) shall be imposed.

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