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(영문) 서울북부지방법원 2020.12.24 2020고단4035
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 13:25 on April 24, 2020, the Defendant violated the Child Welfare Act (child’s coercion, intermediary, sexual harassment, etc.) stated that “any satis, elementary school students, etc., have a large chest,” who took bicycle riding at the bicycle rental shop No. 2 located in Dongdaemun-gu Seoul, Dongdaemun-gu, a bicycle rental shop No. 2 located in Dongdaemun-gu, Seoul.

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

2. Violence;

A. At the above date, at the above time and place, the Defendant received a claim from the victim D (the 39 years of age, the son), who was the mother of the above C, to the above act of the Defendant, and was in flight, and the victim abused the victim's face five times by taking the victim's face into consideration.

B. The Defendant continued to commit the above act from the victim E (the age of 54) who was passing through the above date and time, and assaulted twice the victim’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Each written statement in D or E;

1. Application of Acts and subordinate statutes governing voice recording CDs filed 112;

1. Relevant Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act, Article 17 subparagraph 2 of the selective punishment for a crime (a point of sexual abuse against a child), Article 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant made a statement of sexual harassment against a child and his/her wife on the grounds of sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by November 26, 2019), Article 56(1) main sentence of Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, and assaulting the victim's appearance and face.

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