logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.06.29 2018고단779
공연음란등
Text

A defendant shall be punished by imprisonment for six 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

1. On January 15, 2018, the Defendant made a public performance and obscene act openly in a manner that shows her sexual organ to the victim D (name, leisure, eight years of age) who passed his/her place on the alleyway in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with his/her mouth, around January 15, 2018.

2. No one shall have a child engage in any obscene act or intermediate such act, or have a child engage in sexual harassment, etc. that causes a sense of sexual shame, against a child, in violation of the Child Uniforms Act (such as coercion, intermediary, sexual harassment, etc. against a child);

Nevertheless, due to the act like the statement in Paragraph 1, the defendant left the vehicle behind the victim at about 40 meters following the victim's own car and left the vehicle on the victim's side, and then "in the vehicle" to the victim;

Doz. Doz. Doz.

In other words, whether it will be shown.

The phrase "I not speak that I would not see.", and made sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation."

Summary of Evidence

1. Court statement of the defendant;

1. Details of the chassis, details of the vehicle number to be used, and specification of the vehicle number to be used;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, Article 245 of the Criminal Act (the point of obscenity in a public performance), Article 71 (1) 1-2 and Article 17 subparagraph 2 (the point of sexual harassment against a child) of the Child Welfare Act, and the choice of imprisonment with labor for each of them;

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. The reason for sentencing under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shows the appearance that the defendant recognized each of the crimes of this case, the fact that there was no record of previous criminal punishment, was less than 8 years old at the time of the crime of this case, and the fact that the damaged child was less less than the liability for the crime of this case in light of the content and result of the crime of this case, shall be taken into account each of the circumstances unfavorable to the defendant, and the defendant's age, sex, and other circumstances.

arrow