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(영문) 의정부지방법원 2020.10.08 2020고단1612

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등

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

On November 20, 2019, at around 14:55, the Defendant: (a) Dan for the victim D (W, 15 years old, household name), victim E (n, 15 years old, household name), victim F (n, 15 years old, 15 years old), and (b) Dan for the victim F (n, 15 years old), Dan "Wing away from the network"; and (c) Don for the victims, the Defendant Don was sent back to the victim while the victims observe.

As a result, the Defendant committed sexual abuse, such as sexual harassment that causes a sense of sexual shame to children, and made a patently obscene act at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D (alias) and E (alias);

1. Written statement prepared by the F;

1. Application of the Acts and subordinate statutes concerning photographs and CCTV closure photographs;

1. Article 71 (1) 1-2, subparagraph 2 of Article 17 of the Child Welfare Act (a point of sexual abuse against a child) and Article 245 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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 following circumstances acknowledged in the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), which are: (a) the fact that the Defendant recognizes and reflects the instant crime; (b) the Defendant voluntarily prevents re-offending through mental and medical treatment; (c) the enforcement of the probation order; (d) the registration of personal information; and (e) the participation in the course of sexual assault treatment; and (e) the Defendant’s age, occupation, family environment, social relationship; the risk of re-offending; and (e) the benefits and prevention expected by the disclosure order