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(영문) 대전지방법원 천안지원 2018.11.09 2018고단1461
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 07:15 on May 14, 2018, the Defendant thought that the Defendant was seated in the front of the seat where the Defendant was seated in D Company E-city bus bus stops in Nam-gu, Nam-gu, Seoul Special Metropolitan City on May 14, 2018, with the intention of committing an act of self-defenseing the victim F (F, name, high school student) and the victim’s body contact.

The Defendant, even though even though she was the victim’s body in contact with the Defendant’s arms, her hand over the Defendant’s sexual organ with her hand, drop off the Defendant’s sexual organ, and cut off the Defendant’s sexual organ.

The act of self-defense was committed.

Accordingly, the defendant committed sexual abuse that causes sexual humiliation to the victim who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Act on the Place of Child’s Reinstatement for the crime, Article 71 (1) 1-2 of the Act on the Place of Child’s Reinstatement, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under Article 21(2) of the Act on the Protection of Juveniles from Sexual Abuse against Children and Juveniles under the Act on the Protection of Children’s Sexual Abuse provides that the defendant, as an adult, has to protect children and juveniles from sexual crimes and grow up as healthy members of society, shall be exposed to distorted sexual culture by making them a subject of his/her sexual desire. The case is not less complicated in light of the background and form of the crime, the content, and the mental impulse and sexual humiliation that the victim experienced. Meanwhile, the defendant led to the confession and reflect of the crime in this case, the defendant paid consolation money to the victim, the defendant did not have any criminal history, the defendant did not have any criminal history, the degree of sexual abuse, and other circumstances revealed in the record and the theory of change.

In this case, the personal information shall be registered and submitted.

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