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(영문) 대구지방법원 상주지원 2019.07.23 2019고단104
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 19, 2018, the Defendant was sentenced to six years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors, Minors, etc. under the age of 13) in the Seosan Branch of the Daejeon District Court on September 19, 201, and the judgment became final

From June 1, 2014 to May 30, 2017, the Defendant was a person who worked as a speech clinic in C located in Jinjin-si from June 1, 2014 to May 30, 201, and was in charge of the victim D (Nam, 9 years of age) who was a person with intellectual disability from June 10, 2016 to February 14, 2017.

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.

From June 10, 2016 to February 14, 2017, the Defendant: (a) unloaded from the language clinic of the above disabled welfare center to the Defendant’s will; and (b) performed self-defense by hand with his/her sexual organ as his/her hand; and (c) displayed it to the victim.

As a result, the defendant showed obscene acts to the victim who is a child, thereby committing sexual abuse.

Summary of Evidence

1. Defendant's legal statement;

1. D stenographic records;

1. Statement of D police statement;

1. Each written disability diagnosis;

1. Previous convictions: Criminal records and criminal records, and the application of two copies of written judgments and two Acts and subordinate statutes;

1. Article 71(1)1-2 and Article 17 subparag. 2 of the former Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017) regarding criminal facts (a point of sexual abuse against a child)

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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, six years of imprisonment before and after the judgment, and one year of imprisonment, personal information registration, and orders to complete sexual assault treatment programs.

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