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(영문) 인천지방법원 2019.02.14 2018고단8194
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Crimes against the victim B;

A. On May 8, 2018, the Defendant, at around 14:53, around May 8, 2018, displayed a sexually related video that was stored in his/her cell phone devices, according to the Defendant’s reporting the victim B (a person, leisure, and age 11) (a person, who was in front of the Jung-gu Incheon Metropolitan City C building) who was living in the street.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

B. On May 15, 2018, the Defendant reported the victim B at the front of Jung-gu Incheon, Jung-gu, Incheon, about 14:50 on May 15, 2018, the Defendant reported that “A victim B may see whether 40,000 won can be reduced.”

Accordingly, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

2. Around 16:05 on May 15, 2018, the Defendant reported the victim E (the name, the age of 12) on the street in front of the Incheon Jung-gu, Jung-gu, Incheon, with cash 40,000 won, and stated that “The victim’s sexual organ is changed to 40,000 won.”

Accordingly, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. The police seizure record and the list of seizure;

1. A report on investigation (a reply to a suspect's request for digital sirens on mobile phones);

1. Application of each forest statute;

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

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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