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(영문) 제주지방법원 2020.05.29 2019고단2404
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 22, 2019, the defendant was sentenced to a suspended sentence of three years on July 30, 201 to imprisonment with prison labor for night residence intrusion theft, etc. at Jeju District Court on July 2, 201, and the judgment becomes final and conclusive on July 30,

On September 16, 2019, at around 17:07, the Defendant: (a) walked the victim C (at the age of 15) who was sitting in front of the bus in the front of the bus B, allowing the victim to see the Defendant; (b) was able to see the sexual organ as his hand, and then was shakened by the son and her son.”

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, details of the instant crime, degree of damage, profits expected from the disclosure and notification order and the effect of prevention, disadvantages and side effects of the disclosure and notification order, it is deemed that there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified to the public)

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The judgment that Article 334(1) of the Criminal Procedure Act provides that the personal information shall be registered and submitted.

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