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(영문) 서울서부지방법원 2019.08.22 2019노582
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be treated with sexual assault for 120 hours.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, 120 hours of completing the sexual assault treatment program, 7 years of employment restriction order and confiscation) is too unreasonable.

2. The lower court’s punishment is too unreasonable in view of the fact that it was agreed with the victimized party in the first instance of the judgment.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (a point of sexual abuse against a child), Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), Article 283 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. When considering the contents, frequency, etc. of mobile phone text messages sent to the victims for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime is very poor and the victims suffered considerable mental pain due to the instant crime.

The victims of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and intimidation have not been agreed.

Provided, That the punishment shall be determined as per the order in consideration of the favorable circumstances in consideration of the fact that the child victim has agreed with the crime of violation of the Child Welfare Act (voluntary coercion, intermediary, sexual harassment, etc. of children).

judgment that the personal information shall be registered and submitted.

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