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Reasons
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(영문) 의정부지방법원고양지원 2020.08.27 2020고단1290
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

A. On October 13, 2019, the Defendant committed sexual abuse, such as sexual harassment, etc., that causes a sense of sexual humiliation to children, on his/her own sexual organ and clothes, among those reported by the victim C (Nam, 12 years of age), D (Nam, 10 years of age), E (Nam, 10 years of age), and F (Nam, 10 years of age) at a play place within an elementary school, on October 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective laws and regulations of C, D, E, and F

1. Article 71 (1) 1-2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1622, Nov. 26, 2019); the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (it shall be deemed that there are special circumstances in which the disclosure or notification of personal information shall not be made, in full view of the Defendant’s age, occupation, risk of reoffending, type and motive of the instant crime, the process of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant

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