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(영문) 창원지방법원 진주지원 2019.01.08 2018고단1336
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

As the mother of the victim B (a person, a woman, and a 14 years old), the Defendant, from October 2017 to October 10, 2017, she got out of the victim's room, on the ground that the victim's wife who raises the victim by negligence and the victim's room were locked.

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.

On November 20, 2017, the Defendant: (a) around 23:00, around 23:00, around C, within the room of the victim located in the residence of the victim; (b) approximately two times the chests of both the victims, as both descendants; (c) kisced on the part of the victim; and (d) kisced into the victim.

On November 2017, the Defendant continued to 23:00, at the same place as above, and around 23:00, her chests of the victim, and put them into the victim's entrance, and had the victim come into the victim's panty by putting the victim's hand into the Defendant's panty and putting them into the Defendant's panty.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A report on investigation (a written statement prepared by a victim);

1. Application of stenographic records, victim’s statement video CD-related Acts and subordinate statutes;

1. Article 71 (1) 1-2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act concerning facts constituting an offense, and the selection of imprisonment with labor;

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 the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restriction - Circumstances unfavorable to the offender: Indecent circumstances - Circumstances favorable to the offender: Registration of personal information which led to the confession of the offense and reflectivity, the penalty

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