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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
A. On October 9, 2018, the Defendant: (a) around 12:05 on October 12, 2018, 2018, the Defendant: (b) sent the victim 00 (n, 9 years of age), *** (n, 9 years of age) who was boarding the NE at the play lot adjacent to the Seongbuk-gu Seoul Seongbuk-gu B Apartment door, Seongbuk-gu Seoul; and (c) sent the sexual flag to the victims.
Accordingly, the defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to the victims of children.
Summary of Evidence
1. Defendant's legal statement;
1. Written Statements 000, ***
1. Each internal investigation report (the confirmation of CCTV video images for the purpose of CCTV tracking and using methods) and investigation report (the observation report on the criminal conduct);
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Article 71 (1) 1-2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act concerning facts constituting an offense, and the selection of imprisonment with labor;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The prosecutor of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse stated “Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes” in the column of applicable provisions of indictment, but the provision applies to cases where a conviction is declared against “child abuse offender”; “child abuse offender” under the Act on Special Cases concerning Child Abuse refers to a person who committed a crime of child abuse; and “child abuse crime” refers to a child abuse by
(See Article 2 of the Act on Special Cases). However, Article 8 (1) of the Act on Special Cases cannot be applied since the defendant seems not to be a guardian for victims.
However, since a “sex offense against children or juveniles” under Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse falls under “sex offense against children or juveniles,” a lecture order shall be issued pursuant to the Act on the Protection of Children and
Paragraph 4
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.