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(영문) 수원지방법원 성남지원 2017.07.14 2016고단4070
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

Nevertheless, at around 17:30 on May 19, 2016, the Defendant committed abuse of sexual harassment, etc., such as sexual harassment, etc., that leads to a sense of sexual humiliation, etc., by taking care of the victim D (the 8 years old), who is a child playing near the above place, and victim E (the 5 years old, 5 years old), who took care of the Defendant, and showing his sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. 112 A list of reported handling;

1. On-site photographs, each re-shotos;

1. The defendant and his defense counsel asserted to the effect that video-recording CDs (the defendant and his defense counsel only take charge of the bridge at the time, and they did not show their gender to the victims.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the victims reach a very old age but the consistency of statements is recognized in the important part, ② there is no possibility that the parents of the victims may intervene in the process of specifying the defendant as the offender; ③ the victims and their parents reported the crime of this case with the intention to harm the defendant otherwise.

Considering that there is no extenuating circumstance, the above argument between the defendant and his defense counsel is without merit.

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The victims who are children due to the reasons for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be considerable.

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