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(영문) 의정부지방법원고양지원 2020.10.22 2020고단2001

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)

Text

A defendant shall be punished by imprisonment for a term of one year and four 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

No person shall have a child engage in obscene conduct, or intermediate such conduct, or have a child engage in sexual harassment or any other sexual abuse against a child.

On December 15, 2019, the Defendant sent C message stating, “I am h h h h h h h h h h h h h h, h h h h h h h h, h h h h h h h h h h h h h h h h h h h h, h h h h h h h h h h h h h h h h h h h, h h h h h h h h h h, h h h h h h h h h h h, h h h h h h h h h h h h h, h h h h h h h h h h h h h h h,

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation.

Summary of Evidence

1. The defendant's statement in E in his/her legal statement in the video CD;

1. Application of the Acts and subordinate statutes on data cutting a C dialogue;

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 1-2 of the same Act, Article 17 subparagraph 2 of the Child Welfare Act, and Article 62 (1) of the Criminal Act, the suspension of the execution of imprisonment with labor,

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) (the Defendant’s age, occupation, risk of recidivism, type, motive, process, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall be comprehensively considered.