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(영문) 춘천지방법원 영월지원 2016.05.12 2016고합2
아동ㆍ청소년의성보호에관한법률위반(강제추행)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

The Defendant and the Victim D (V, 22 years old) came to know one another by “E”, which is a smartphone hosting clock around April 2014, and the victim F (V, 15 years old) came to know through the above clock around March 2015.

The defendant, while holding the above cases through the victim and the victim, received a photo showing the body condition of the victim's body, and did not make it known to the victims of their personal information through the Internet G site, he/she spread to the victim the body photograph already transmitted.

By means of threatening the victims, the victims were forced to commit an indecent act by means of threatening them, receiving additional physical photographs from the victims, taking the attitude and the manner they want, and allowing them to photograph and transmit video pictures.

1. Crimes against victim F;

A. On May 3, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) threatened the victim by transmitting to the Internet a text message stating that “if he/she is sent a video recording containing the chest photograph, sex photograph, and chest, he/she will spread the chest photograph and personal information on the Internet” to the victim’s dwelling in the Defendant’s dwelling located in the Nam-gu Incheon Metropolitan City H apartment No. 102 Dong 101, 100, the Defendant was sent such photograph and video file on the same day from the victim.

Accordingly, the Defendant, through intimidation, committed an indecent act against the victim who is a juvenile, and committed an indecent act against the victim by intimidation seven times from the above day to December 22, 2015, such as the list I of crimes committed.

B. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall use his/her smartphones at the places indicated in the foregoing paragraph (a) around May 2015.

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