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(영문) 전주지방법원 군산지원 2020.02.07 2019고단1426
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 6, 2019, the Defendant sent text messages that may cause sexual humiliation and aversion to the victim on 76 occasions as indicated in the [Attachment] List from around 08:05 to March 11, 2019, and sent the victim’s sexual picture to the victim by using the Defendant’s mobile phone, and then sent the victim’s sexual photograph with the victim’s sexual humiliation and aversion. On March 20, 2019, the Defendant sent the victim’s sexual phone image on 76 occasions as indicated in the [Attachment] List of Crimes from around 08:05 to around 11, 2019, and sent the victim’s sexual humiliation and aversion to the victim three times, and the Defendant’s sexual picture was recorded in the cell phone with the victim’s cell phone on 20th March 20, 2019, and sent the victim’s sexual humiliation to the victim by giving his/her name and affixing his/her photograph to the victim’s sexual humiliation.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C and B (tentative name);

1. Application of each statute on photographs;

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act concerning criminal facts, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom the defendant has yet to form a concept of sexual intercourse with the victim who is a female juvenile under 16 years of age by telephone, etc., affix the text message that causes sexual humiliation and aversion and his sexual photograph, and make an obscene conversation by telephone.

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