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(영문) 서울남부지방법원 2020.07.24 2019고합522
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

"2019Gohap522"

1. On August 2, 2019, the Defendant posted a notice to the effect that he/she will take up KRW 100,000 as a cleaning part of the Facebook around August 2, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (in a deceptive scheme, etc. against a child, sexual harassment, etc.) and the Child Welfare Act (in a case where he/she is forced to do so to do so against a child), and had the victim B (a person, age 16) (a person, age 16) who contacted him/her report and conduct cleaning with his/her residence of the Defendant located in Gunsan-si C around August 2, 2019.

The Defendant, at around 17:30 on the same day, concluded cleaning of the victim, and told the victim to be off from the clothes of the victim, stating that “the victim, in a situation where the victim was saved, saved, saved off the clothes of saves, saved off the clothes” on several occasions, the Defendant told the victim to be off from the clothes of the victim.

Accordingly, the defendant, by force, committed sexual abuse against a child or juvenile victim, and made sexual abuse that causes a sense of sexual humiliation to a child or juvenile victim.

Article 1 of the Child Welfare Act provides, “The purpose of this Act is to ensure the welfare of children so that children can be born healthy and grow up happy and safely,” and Article 2 of the Child Welfare Act provides, “The children shall grow up happyly in a stable family environment for the development of perfect and harmonious personality” (Paragraph 2), and “the interest of children in all activities related to children shall be considered first,” (Paragraph 3).

In addition, Article 3 subparagraph 7 of the Act defines "child abuse" as "an act of causing harm to the health or welfare of a child or causing physical, mental and sexual violence or cruel treatment that may impede the normal development of a child by adults, including a guardian, and abandoning or neglecting the child by the protector," under Article 17 subparagraph 2 of the Act, any person shall either have a child do an obscene act or mediate such act.

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