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(영문) 부산지방법원 서부지원 2018.05.02 2018고단299

아동복지법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 23, 2017, around 16:30 on December 23, 2017, the Defendant discovered the Victim E (tentative name, credit name, 12 years old) and the Victim F (12 years old) playing there at the front hole of the Da apartment in Busan Northern-gu, Busan, and continuously shown the Defendant’s sexual organ to the victims by spokeing her sexual organ with spoke and panching her panty. The Defendant continued to show the victims’ sexual organ by force.

In addition, the term “the victim’s sexual organ with one hand and with one hand showed the victim’s sexual organ.”

Accordingly, the Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual shame to the victims who are children, and made a patent obscene act at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of each statement;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of photographs by cutting CCTVs around the suspect and the scene of crimes);

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

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

1. Selection of an alternative fine for punishment;

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 against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s age, occupation, criminal record, and risk of recidivism; and (c) profits and preventive effects expected from the instant order or notice order; and (d) disadvantages and side effects therefrom, there are special circumstances in which disclosure of the Defendant’s personal information may not be notified;

I think)

The crime of this case on the grounds of sentencing reveals the sexual organ before the victims who were elementary school students.