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(영문) 광주지방법원 2020.05.06 2020고단700
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 17, 2019, at around 02:03, the Defendant accessed the victim according to the victim D (at the age of 16), who was walking along the paths in the front of Gwangju Mine-gu B and Cdong, and asked the victim “Is the answer that “Isle 16” is “Isle 2” and “Isle her sexual organ with the Defendant’s clothes,” and committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation, against the child, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Child Welfare Act concerning facts constituting an offense;

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

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. If a conviction on a crime committed in the judgment of conviction as to the registration and submission of personal information under the main sentence of 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 Persons with Disabilities Act becomes final, the defendant is a person subject to registration of personal information pursuant to Article 2 subparagraph 2 (d) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The defendant's second re-offending due to the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information, the degree of disadvantage and anticipated side effects of the defendant's suffering, the preventive effect and effect of the sexual crime subject to registration, the effect and effect of protection of the victim, special matters to be observed against the defendant, probation, registration of personal information, child and juvenile-related institutions and welfare facilities for the disabled.

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