아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
Around June 2018, the Defendant, who operated the Internet shopping mall “B”, sent the victim a message to the effect that “I would like to agree with the goods, clothing, and shoes,” and then sent the victim a message to the effect that “I would see how I would see the Internet shopping mall model. I would like to agree with the victimized party during the two-month period of the message.”
피고인은 2018. 9. 9. 14:50경 부산 중구 E모텔로 같은 날 처음 만난 피해아동을 데리고 들어가 “곤란하다, 못하겠다”라고 거부하는 피해아동에게 상하의를 벗도록 한 다음 피고인의 성기를 핥도록 요구하여 피해아동으로 하여금 피고인의 성기를 핥게 하고, 이어 피고인은 피해아동의 성기를 핥은 후 피해아동을 간음하였다.
Accordingly, the defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to the victimized child.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police to C (tentatively named);
1. Written complaint filed by C;
1. A video CD or stenographic record of C;
1. Application of the Acts and subordinate statutes to investigation reports (Attachment of Evis 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, the selection of imprisonment for a crime;
2. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 8 (1) of the Act on Special Cases concerning Punishment, etc. of Child Abuse Crimes;
3. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2(1) of the Addenda to the Child Welfare Act (Amended by Act No. 15889, Dec. 11, 2018); Article 2 of the Child Welfare Act (excluding subparagraph 23); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 of the Welfare of Disabled Persons Act.