beta
(영문) 서울남부지방법원 2020.05.22 2020고단13

아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 29, 2019, at around 13:45, the Defendant discovered the victim C (here, 13 years of age) who dried the path at the front of the Yangcheon-gu Seoul Metropolitan Building B shopping mall, and told the victim “I want to become friendly, anywhere I want to inform her of what he/she would want to do, I will inform her phone number,” thereby bringing the victim’s sexual organ in his/her hands, and “I will see. I will see.” The Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation, against a child.

2. On June 29, 2019, at around 14:05, the Defendant discovered that the victim E (name, 15 years of age) was walking on the front of the D apartment in Yangcheon-gu Seoul Metropolitan Government D apartment, and obstructed the front of the victim, and stated that “noting the victim and showing his body inside and outside,” and committed sexual abuse, such as sexual harassment, which causes a child’s sexual humiliation, against the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of CCTV related to the same line before and after committing a crime) and report internal investigation (related to the submission of a victim's self-written statement);

1. Article 71 (1) 1-2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning facts constituting an offense, and the selection of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of employment restriction, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, occupation, risk of recidivism, the motive and method of committing the instant crime, order of disclosure, order of notification, and employment restriction order, and the anticipated side effects that may be achieved by such order.