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(영문) 서울중앙지방법원 2017.03.31 2016고단9287
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 24, 2016, around 16:30 on October 24, 2016, the Defendant: (a) requested the victim D (the 15th, the 14 year old, the 14 year old, the 15 year old), and F (the 15 year old, the 15 year old) to affix his photograph to the Defendant’s cell phone; and (b) committed sexual harassment, etc. to make the victims, who are children, feel a sense of sexual humiliation.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of respective Acts and subordinate statutes of D, E, and F;

1. Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Act on the Punishment of Children and Child Uniforms, which are applicable to the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is asserting that such act does not constitute sexual abuse, since the Defendant and the defense counsel have taken photographs with the consent of the victims without sexual intent.

The term "act of abuse of sexual harassment, etc. that causes a sense of sexual shame to a child" in Article 17 subparagraph 2 of the Child Welfare Act means sexual harassment, etc. that causes a child to feel sexual humiliation, which may harm the child's health and welfare or impede the normal development of the child, or sexual violence or cruel acts that may impede the child's normal development, and whether it falls under such acts, shall be determined by the offender and the victimized child, whether the victimized child has the sexual values and ability to properly exercise his/her right to sexual self-determination, whether the victimized child has sexual values and ability to determine, the relationship between the offender and the victimized child, the background leading up to the act, the specific attitude of the act, and

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