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(영문) 인천지방법원 2020.09.10 2020고단5837
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who has worked as a swimming instructor in a swimming pool in Seo-gu Incheon, Seo-gu.

At around 10:00 on September 10, 2019, the Defendant committed sexual abuse, such as sexual harassment, etc., which causes a sense of sexual humiliation to a child, by asking the students “at least 10 students in the sixth grade of elementary school, including the victim C, who are 12 years of age,” and asking the students “at least 10 persons in the male-gu, who are in the male-gu,” and having other students who have a defect in the male-friendly body, during the break time, the Defendant committed sexual harassment, etc., such as sexual harassment, which causes a sense of sexual humiliation to a child.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to C, D, E, F, and G

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 17 subparagraph 2 of the Child Welfare Act, the choice of punishment for an offense, or the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 2 Subparag. 2(d) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the accused is obligated to submit personal information to the competent agency pursuant

The exemption from the Personal Information Disclosure Order and Notification Order may lead to the crime of this case, the defendant's age, environment, risk of repeating a crime, details and motive of the crime, disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering, which can be achieved.

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