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(영문) 서울중앙지방법원 2019.09.26 2019고단3162
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the victim B(Wu, 11 years of age)'s sheshesheshes.

1. The Defendant, at the Defendant’s house located in the Jung-gu Seoul Metropolitan Government apartment C apartment zone D in 2016, committed a self-defensive act, such as raining one’s sexual organ before the victim, displayed a semen to the victim, and said that “I fright, eating, and drinking fright.”

2. At around 22:00 on October 2018, the Defendant, at the Defendant’s house located in the above C Apartment E, displayed the television to the victim who reported the television the Defendant’s sexual organ, and said, “string down”.

As a result, the Defendant committed sexual abuse that causes sexual humiliation to the victim who is a child twice.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning the F;

1. Statement of statement analysis expert;

1. Application of statutes governing stenographic records;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Child Welfare Act related to the relevant criminal facts (the occupation of sexual abuse against a child and the choice of each imprisonment with labor);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the reason for sentencing is that the defendant committed abusive acts against 11-year-old his/her daughters, who is emotionally uneasible, on two occasions, and the degree of abuse is very important.

It seems that the victim suffered a considerable mental suffering due to the defendant's crime.

However, the defendant has no record of being punished for the same crime, and the defendant is fully aware of and reflects the crime.

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