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(영문) 전주지방법원 군산지원 2015.06.03 2014고단1113
아동복지법위반
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

No person shall commit any abuse of sexual harassment, etc. that causes a child to feel sexual humiliation.

On June 16, 2014, at around 15:55, the Defendant driven a road near the Jeju 3rd apartment complex located in the Hado-dong, Hado-si, the Defendant: (a) discovered the victim D, E (14 years old, 13 years old, 14 years old, and F (n, 14 years old); (b) stopped the vehicle to the victims; (c) provided the victim with the early window, and (d) provided the victims with the words “Neg-do not move,” and (e) took the sexual harassment, etc. that may cause sexual humiliation to the victims, who are children, while driving the said road.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to D, E, and F’s legal statement (recognition of credibility in light of the consistency and accuracy of the statement, the relationship with the defendant, the attitude of entering the statement, etc.);

1. Article 71(1)2 and Article 17 subparag. 4 of the former Child Welfare Act (Amended by Act No. 12361, Jan. 28, 2014) regarding criminal facts

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of a person who commits the crime of violating the Child Welfare Act against the victim E with the largest penalty);

1. Selection of imprisonment with prison labor chosen;

1. Where a conviction on a sex crime subject to registration and submission of personal information under Article 21(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 12361, Jan. 28, 2014) becomes final and conclusive, the Defendant 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime of this case, disclosure order or notification order of personal information disclosure shall be disadvantageous to the defendant's entrance due to the defendant's age, occupation, risk of recidivism, motive of the crime of this case.

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