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(영문) 광주지방법원순천지원 2020.10.28 2020고단1031
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
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A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 26, 2019, around 15:40 on 15:40, the Defendant said that “A victim D (n, 12 years of age), E (n, 12 years of age), F (n, 12 years of age), G (n, 12 years of age), H (n, 12 years of age), I (n, 12 years of age), J (n, 12 years of age), K (n, 12 years of age), and K (n, 12 years of age), while C, “I are deemed to have met some of them, I are self-defense, I would like to do so, and I think that I think I think I think I think I think I think I think I think I think I think I do not think I think I think I think I think I think I think I think I think I think I think I will do.

As above, 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. Statement made to D by the police;

1. Each statement of E, F, G, H, I, J, and K;

1. Application of statutes on the list of field photographs, photographs, investigation reports (L parking lots and CCTVs analysis), and 112 reported cases;

1. Selection of an alternative imprisonment with prison labor for the crimes under Articles 71(1)1-2 and 17 subparag. 2 of the Child Welfare Act, which are applicable to the applicable law, pursuant to Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of sexual abuse, which causes a sense of sexual humiliation to children for the reason of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the main sentence of Article 29-3(1) of the Child Welfare Act, is very poor in terms of the fact that such sexual abuse may adversely affect the complete and harmonious personality development and mental health

However, the defendant appears to have a profound attitude in recognizing his own crime, and there is no past record of criminal punishment before the case, and the defendant suffers from disease such as depression and imprudent personality disorder. The above disease seems to have affected the crime of this case.

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