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(영문) 서울동부지방법원 2019.02.12 2018고단4229
아동복지법위반(아동에대한성희롱등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 19:10 on October 4, 2018, the Defendant: (a) discovered the victim C (one, the name, the age of 17) who was seated by the Defendant and was making a mobile phone by putting the cell phone into a uniform on the seat width of the Defendant, and then laid down the victim, and then embling the sexual organ out of the middle and following the scambing.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Application of Acts and subordinate statutes governing criminal video CDs;

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant cannot expect the effect of preventing recidivism due to an order to attend a lecture, because it is difficult for a foreigner to communicate in Korean)

1. The sentencing of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined as ordered by taking into account the following circumstances and other various conditions of sentencing as stated in the records:

The crime of this case is committed with obscene acts in a bus which is a means of public transportation, and the crime is not very good, and it seems that the mental impulse that the victim had suffered is not small, and the defendant has no record of committing the crime in the Republic of Korea, and the non-guilty part (not guilty of the grounds) is contrary to the law.

1. The summary of the facts charged is that the Defendant, on October 4, 2018, 201, sits on a cell phone by putting the Defendant in the sub-city B bus in Seoul Gwangjin-gu, with the river basin located in Seoul Special Metropolitan City, from the sub-sections located in the sub-committee located in the Namyang-gu around 19:10 on October 4, 2018.

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