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(영문) 수원지방법원 안산지원 2016.01.20 2015고단3765

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. The Defendant violated the Child Uniforms Act (abrupt, mediation, sexual harassment, etc. against a child) on September 7, 2015, at around 16:00, the Defendant: (a) discovered that he/she had completed the school and returned to this apartment unit; (b) discovered him/her that he/she entered the school into the apartment unit; (c) followed him/her with the victim; and (d) left the elevator with the victim; and (d) then the victim gets off the elevator on the sixth floor; and (c) then the victim gets out of the elevator, as he/she prepared in advance, she demanded the victim to read the A4 paper stating that he/she would not go off, such as the liquor tax, etc.; and (d) committed sexual harassment that causes sexual humiliation to the victim, who is a child, on the part of his/her refusal of the victim.

2. The Defendant infringed upon a residence at the same time and time as set forth in paragraph (1), and as set forth in paragraph (1), invaded upon another’s residence by getting off an elevator with the victim and getting out of the six floors where the victim died, in order to stimule the paper containing sexual harassment against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss of a photograph of a caps and CCTV caps;

1. Application of the Acts and subordinate statutes of evidence photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Article 71(1)1-2, Article 17 subparag. 2 (a) of the Act on the Prevention of Child’s Reinstatement (a point of sexual abuse against a child), Article 319(1) of the Criminal Act, and selection of fines, respectively;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (not yet until now, recovery of damage to a victim has been made, but the confession and reflects are made by the defendant, the number of the defendants voluntarily surrenders, and the fact that the defendants are the primary offenders, etc.);

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

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse, which are exempted from the disclosure and notification of personal information;