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(영문) 부산지방법원 2019.09.23 2019고단2357
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

Nevertheless, at around 17:35 on February 15, 2019, the Defendant: (a) from the near the Busan B B Elementary School, the victim D (tentative name, 10 years of age) was asked at an intermediate point in the middle of the lux road in the above school; (b) after the victim’s horse, the Defendant gets off the victim’s horse, her own flag, her fingers, her fingers, and skes it by hand, and then tight down. Here, the Defendant she comes back. Here, she will come back. There is no awareness of her character; and (c) sees the form of her circumstance.

Accordingly, the defendant committed sexual abuse against the victim who is a child.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (the details of victim D's statement);

1. The forests of the victim's neighborhood;

1. Two video CDs;

1. Report on investigation (video recording of victims D);

1. A report on investigation (a CCTV analysis in front of the due diligence of the C elementary school);

1. Application of Acts and subordinate statutes to report on investigation (a statement analysis accompanied by written opinion);

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 imprisonment for a crime;

2. 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;

3. 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 Act on Welfare of Disabled Persons; Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a conviction against the accused is finalized on the criminal facts that constitute a sex offense subject to registration.

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