아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
[criminal power] On May 13, 2016, the Defendant was sentenced to two years of the suspended sentence for obscenity, etc. at the Seoul Eastern District Court, which was sentenced to two years of the suspended sentence on March 8, 2017, and was sentenced to six months of imprisonment for violating the Child Welfare Act (hereinafter “child’s coercion, intermediary, sexual harassment, etc.”) at the Chungcheong District Court’s Chungcheong Branch on March 8, 2017, and the said judgment became final and conclusive on June 19, 2017, and the said suspended sentence became void and the execution of the said sentence was terminated on February 18, 2018.
【Criminal Facts】
At around 21:30 on November 27, 2019, the Defendant: (a) discovered the victim D (name, 10 years of age), victim E (name, leisure, 10 years of age) and exposed sexual organ by opening a bomer, and (b) exposed the sexual organ for about 15 minutes, and (c) displayed the victim’s sexual organ to the victims, thereby engaging in sexual abuse, such as sexual harassment, which may cause a sense of sexual humiliation to the victims who are children; and (d) committed a patently obscene act.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records indicated in each stenographic record or video analysis report: Application of Acts and subordinate statutes to criminal records, investigation reports (report on confirmation of the same kind of power);
1. Relevant Articles 71 (1) 1-2 and 17 subparagraph 2 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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019)
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020).