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(영문) 서울남부지방법원 2018.04.25 2018고단96
아동복지법위반(아동에대한성희롱등)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

Nevertheless, at around August 16, 2017, the Defendant can sell the Costaow reported at the time of 15:33, 2017, according to the victim D (In this case, 13 years of age) located in the house in the vicinity of the Guro-gu Seoul Metropolitan Government apartment house 105.

“A sexual harassment that leads to a sense of sexual humiliation was committed.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Act on the Place of Child’s Reinstatement for the crime, the selection of a fine for the crime, and the selection of a fine;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (i.e., a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) of the Suspension of Sentence (where a conviction becomes final and conclusive due to a crime committed in the judgment of registration of new information (such as the fact that the defendant is the initial and reflectd person, the victim does not want the punishment against the defendant, and the degree of the crime is minor), the defendant is obligated to submit personal information to the head of the competent police office

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became null and void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure or notification order, the degree of disadvantage the Defendant suffers due to the disclosure order or notification order, prevention of sexual crimes subject to registration, and effects of protecting the victims, etc. shall be comprehensively taken into account.

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