beta
(영문) 부산지방법원 2018.05.30 2018고단133

아동복지법위반

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 12, 2017, the Defendant got knee and got knee to the victims while she was coming in the front of Busan-gu, Busan-gu, Busan-gu, but passed her seat. The Defendant got knee and knee to the victims C (W, 17 years of age), D (W, 17 years of age), knee, and H, all of whom were knee and knee and knee.

Accordingly, the defendant committed sexual abuse that causes a sense of sexual humiliation to the victims who are children.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of laws and regulations on police statements in relation to C and D;

1. Article 71(1)2 and Article 17 subparag. 2 of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017);

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime against C with heavier punishment).

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

5. The reason for sentencing, taking into account the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse: (b) the Defendant appears to have committed the instant crime by impulsely due to emotional factors, etc.; (c) the recognition of his/her criminal act and misunderstandings his/her criminal act; (d) the Defendant has no record of punishment for sex crimes; and (e) the Defendant’s age, sex behavior, environment, family relationship, etc.; and (e) the benefits and the preventive effect that the Defendant may have been ordered to disclose or notify information on his/her registration, and the disadvantages and side effects that the Defendant may not disclose the Defendant’s personal information, is

1. Scope of applicable sentences under law: Fines of 50,000 to 50 million won; and

2. In this case, the defendant has committed sexual abuse with exposing her sexual organ to two victims who had been suffering from her sexual organ in his/her old age.