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(영문) 청주지방법원 충주지원 2020.02.18 2019고단619
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 2019, the Defendant viewed a number of students including victims C (one year old, 14 years old and 15 years old) and victims D (one year old, 15 years old) who were taking a school by putting all the pelbs in B, B, Hab and clothes and taking his sexual organ out and taking his sexual organ in his/her hands.

In addition, from May 7, 2019 to July 10, 2019, the Defendant made a publicly obscene act four times in total, as shown in the attached list of crimes, and at the same time committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to the victims who are children.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to C (tentative), E (tentative name), D (tentative name), and F (tentative name);

1. Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (sexual abuse against a child) of the same Act concerning facts constituting an offense and Article 245 of the same Act of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

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

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

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

1. Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse (including special circumstances in which the disclosure of personal information of the accused is prohibited, comprehensively taking into account various circumstances, such as the details of the crime, age, family environment, social relationship, recidivism possibility, benefits and preventive effects expected from an order to disclose or notify the information, disadvantages and side effects of the order);

1. The sentencing of Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is rendered.

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