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(영문) 부산지방법원 동부지원 2017.04.26 2017고단326
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 12, 2016, the Defendant driven a car at around 16:47 on December 16, 2016, and found the victim D (n, 10 years of age) and the driver’s seat window and opened the driver’s seat window on the side of the victim while the Defendant was going to the delivery while driving the car in front of C middle school located in Suwon-gu, Busan, and coming to the front of the C middle school located in Suwon-gu, Busan, and turned out his sexual organ out.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of a performance report (obscenity), investigation report, investigation report (specific suspect), CCTV-cap photographs and Defendant vehicles, CD 1, and comprehensive vehicle details Acts and subordinate statutes;

1. Relevant Article of the Act and Article 71 (1) 1-2 and subparagraph 2 of Article 17 (Selection of Imprisonment) of the Act on the Punishment of Children and the Place of Punishment for the Crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. Article 21 (2) and (4) of the Act on the Protection of Sex Offenses of Children and Juveniles obliged to provide community service or attend lectures;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Sex Offenses of Children and Juveniles Exempted from the disclosure and notification order (in light of the characteristics, etc. of the instant crime, there is a risk of recidivism of a sexual crime committed against a defendant generally;

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other circumstances such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects therefrom, there are special circumstances that may not disclose and notify the Defendant’s personal information.

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