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(영문) 부산지방법원 2019.08.26 2019고단2375

아동복지법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant became aware of the victim's cell phone number in the process of reporting the job-seeking advertisement of the above restaurant by the victim C (the age of 15) as the store of the Chinese restaurant located in Busan Shipping Daegu.

피고인은 2018. 12. 28. 01:30경 부산 동래구 D 인근 주점에서, 휴대폰을 이용하여 피해자에게 “남친은 어디 직장다녀 , 같이 살아 , 이런 얘기 뭐한데 같이 있음 그렇게 해 , 같이 있음 서로 사랑하냐고 , ㅋㅋ 당돌해 그럼 그것도 해 , 몰라 , 서로 사랑하는 행위 말이야” 등의 문자 메시지를 보내 성적 수치심을 주는 성희롱을 하였다.

Accordingly, the defendant committed sexual abuse against children.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police investigator against C;

1. Written complaint filed by C;

1. Application of Acts and subordinate statutes to text messages sent and received by complainants and suspects;

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act, the selection of fines for criminal facts;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 8 (1) of the Act on Special Cases concerning Punishment, etc. of Child Abuse Crimes.

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 (1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018); Article 29-3 (1) of the Child Welfare Act (excluding subparagraph 23); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Welfare of Disabled Persons Act

5. Where a conviction against the defendant on the criminal facts in the judgment that constitute a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall obtain personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 2 subparag. 2(d) of the Act on the Protection of