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(영문) 인천지방법원 2019.02.14 2018고단8839
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a foreigner of nationality of the People's Republic of China.

No person shall engage in sexual abuse, such as sexual harassment that causes sexual harassment to a child.

On August 4, 2018, the Defendant: (a) up to the “C convenience store” located in Ansan-gu, Sinsan-si B; (b) up to August 18, 2018, the Defendant: (c) informed the victim D (the 16-year age), who was on duty in the calculation team, of faces face; and (d) informed the victim of the face, and (e) informed the victim of the chine, chest, and woman, the chine shall be chine, and the chine shall be chine.” (c) taken the victim’s grandchildren by drinking water.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographic records (defensive data of CCTV images at convenience points);

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a criminal act of this case involving the registration of personal information of this case under Article 334(1) of the Criminal Procedure Act becomes final and conclusive as guilty, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article

The Defendant’s crime of this case with the reason of sentencing is an act of giving a sense of sexual humiliation to a child, but the nature of the crime is not good. However, the Defendant’s mistake is not much reflected in recognizing the crime of this case, the degree of indecent act is not much excessive, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are revealed in the arguments of this case.

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