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(영문) 울산지방법원 2015.06.18 2015고단647
아동복지법위반(아동에대한성희롱등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On February 18, 2015, between the 14:10 on the same day and 14:40 on the same day, the Defendant: (a) was driving the Defendant’s Bspke 17-ro, Ulsan-gun, Ulsan-gun, U.S., U.S. 6-ro, U.S. 17-ro, U.S. 2; (b) was driving the Defendant’s vehicle on the part of the Defendant’s mobile phone; and (c) discovered the victim C (n, 14 years old), and D (n, 13 years old) who was playing in the said playter, parked the said vehicle on the side of the playter; and (d) the victim parked the said vehicle at the victim’s cell phone on several occasions, and C requested the victim to transmit the vehicle’s photograph with the Defendant’s cell phone, but the victim rejected it.

Accordingly, the Defendant asked the victims “I do not leave the Pest as the Pests,” and refused by the victims, and again asked the victims “I am in the Pests of the Pests,” “I am in the Pests of the People?” and “I am in the Pests of the People?” and “I am in the situation that I am in which the victims might play.”

Accordingly, the defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to the victims of children.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to C and D

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 17 subparagraph 2 of the Child Welfare Act, the selection of punishment for an offense, and the selection of imprisonment with labor;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (a punishment imposed on a person who violates the Child Welfare Act (or sexual harassment, etc. against a child), which is heavier than that of a person committing a crime);

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

1. The reason for sentencing under Article 8(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes is that the instant crime committed sexual abuse, such as sexual harassment, etc. that causes sexual humiliation to the aged victims at the play place, which is a space with the mind of children, was committed.

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