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(영문) 인천지방법원 2017.05.25 2017고단1353
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2017, at around 08:00, the Defendant, located in Seo-gu, Incheon, and around the E-park located in the E-park near the D elementary school, had the victim F (n, 11 years of age) and the victim G (n, 11 years of age) move about about 1m in front of about 0,00, and let the above victims look back to knee and panty of the Defendant.

2. On February 6, 2017, at around 08:00, the Defendant got off the Defendant’s sexual intercourse at the same place as paragraph (1) at around 08:00 and got off the Defendant’s knee and panty to knee and knee and let the said victims look at the Defendant’s sexual intercourse.

3. On February 7, 2017, at around 08:00, the Defendant: (a) had a female elementary school student from around 1m to around 1m in order to have him/her attend a school at the same place as paragraph (1) at around 08:00; and (b) had him/her look at the Defendant’s panty and panty until knee.

Accordingly, the Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to children at least three times in total, and made a patently obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 71 subparagraph 1-2 of the Child Uniforms Act and Article 17 subparagraph 2 of the same Act concerning the facts constituting an offense; Article 245 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 stay of execution (The following sentencing shall be taken into account, etc.):

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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