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(영문) 대구지방법원 2017.09.12 2017고단3470
아동복지법위반(아동에대한성희롱등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2017, the Defendant had the victimized child D (n, 12 years of age), and E (n, 12 years of age) of the victimized child playing in the vicinity of the C, which had been in the vicinity of the C, around 13:30 on March 18, 2017, 59 of obscene pictures, such as that the Defendant had sexual intercourses with each other in the state of his/her body, and had the victimized child look at it.

Accordingly, the Defendant committed sexual abuse, such as sexual harassment, which made a sense of sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Stenographic records;

1. Investigation Report (related to attachment of obscene pictures) - Application of the Acts and subordinate statutes of photograph of seized articles;

1. Article 71 (1) 2 and Article 17 subparagraph 2 of the Act on the Punishment of Children and Child Uniforms and the Selection of a fine concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is 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, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protecting the victims thereof, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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