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(영문) 서울동부지방법원 2020.12.11 2019고단3646
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 13, 2019, at around 14:52, the defendant found the victim C (the 7th, 7 years old), D (n, 8 years old) who is a child coming ahead of the defendant in front of B in Gwangjin-gu Seoul Special Metropolitan City, and found them at the place, and the victims got out of the victim. The victims got out of the victim's her direction, and her sexual organ was boomed by the defendant's hand.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes sexual humiliation to children at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes to report internal accidents (the analysis of CCTV images in generated places);

1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act concerning the crime, Article 245 of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a crime of violating the Child Welfare Act heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction of a crime of violating the Child Welfare Act (in case of coercion, intermediary, sexual harassment, etc. against a child), which is subject to the obligation to register and submit personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), 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 Welfare of Disabled Persons Act, becomes final and conclusive, the defendant is 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

The personal information of the defendant exempted from the disclosure order and the notification order appears to have a certain degree of effect on the prevention of recidivism of sexual crimes, and the defendant's age, occupation and occupation.

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