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(영문) 수원지방법원 2017.01.12 2016고단5709
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No person shall commit any abuse, such as sexual harassment, sexual assault, etc. that causes a child to feel sexual humiliation.

1. On February 14, 2016, around 15:30, the Defendant set up a 101-dong apartment complex C in front of the 101-dong, Diver vehicle, and set up a victim E who passed the 11-year-old vehicle and set up the 11-year-old vehicle, and then cut off the Defendant’s sexual organ at “F middle school anywhere.”

In addition, sexual harassment that causes sexual humiliation to the victim was committed.

2. On September 1, 2016, the Defendant: (a) set up a 11st apartment complex G in front of the due date on the 11st day of the 18:52 G apartment complex; (b) set up a D-high vehicle; and (c) set up a victim H (a) passing through the D at the seat of the vehicle; and (d) set up a close-down to the said vehicle; and (c) set up the Defendant’s sexual flag by stating “F elementary school anywhere.”

In other words, sexual harassment, which causes sexual humiliation to the victim, was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with H;

1. Each written statement;

1. Application of Acts and subordinate statutes for each report on creation (obscenity);

1. Article 71 (1) 1-2 of the Local Tax Act and subparagraph 2 of Article 17 of the Local Tax Act (or choice of imprisonment) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse of the Act on the Protection of Children and Juveniles against Sexual Abuse is that the Defendant committed abusive acts, such as sexual harassment, which causes sexual humiliation to victimized children who are only seven and eleven years of age, and that the crime of this case appears to have been committed by the victimized children, and that the victimized children did not receive considerable mental impulse, but there are unfavorable circumstances, such as the Defendant’s mistake against the victimized children, and the Defendant did not have any criminal record except for the punishment once by a fine of this kind.

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