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(영문) 창원지방법원 2020.01.10 2019고단2006
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On July 4, 2019, the Defendant: (a) around 20:10 on July 4, 2019, at C deaf-gu located at the window B of Changwon-si, and (b) around five children, such as the victim D (year 12), carried out a bruth while complying with them; (c) cut the sexual organ, cut off the sexual organ, and throw down the brush by hand, and throw down the scru

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual shame to children, and made a patently obscene act at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to the scene of crime and to photograph CCTV images around the escape route;

1. Article 71 subparagraph 1-2 of the Child Welfare Act, Article 17 subparagraph 2 of the same Act (a point of sexual abuse against a child) and Article 245 of the Criminal 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. Probation, order to attend a lecture, Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment of Sexual Crimes;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction on a sex crime subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

For the reasons for sentencing, the sentencing is determined as ordered by comprehensively taking into account the various factors of sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

The favorable circumstances: the crime of this case.

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