(영문) 서울중앙지방법원 2017.11.10. 선고 2017고합480 판결

The charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) among the facts charged in the instant case is acquitted.

Reasons

Criminal facts

around July 2016, the Defendant became aware of the Victim G (or 16 years of age) of the “FPC” of the Defendant’s operation in Geumcheon-gu Seoul Metropolitan Government, and the victim took care of the victim’s family intention, such as having come to know of the victim’s G (or 16 years of age), and having the victim give various advice and advice to the victim, thereby obtaining the victim’s trust. From August 2016, the victim took care of the victim’s remaining, who lives separately with the police officer, was able to live together with the victim’s parent, and the victim was willing to engage in indecent conduct and sexual intercourse with the victim using it.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

On August 7, 2016, at around 00:17, the Defendant sent the content that “I can do so, because I can do so,” to the victim by using a mobile phone text message function at the Defendant’s home of Geumcheon-gu Seoul Metropolitan Government H Apartment 101 1304, and around 01:00 on the same day, the Defendant took the victim’s house that it is difficult for the victim to walk while I talk with the victim in the vicinity of the above Defendant’s house, and then taken the victim’s house into the Defendant’s house to take the victim’s house, and she took the victim’s house, and she took the victim’s house into the Defendant’s house to take the victim’s house, and the victim took the victim’s walk, and the victim took care of the victim’s chest by taking a knife in the back of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental disorder or inability to resist.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

At around 10:00 on September 19, 2016, the Defendant entered the victim's house in front of the victim's house located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, by using the keys outside the front door to enter the victim's house, and then, when the Dar son gets out of the victim's back to the part of the victim, chiscing the victim's chest into the victim's house, and then chiscing the victim's chest into the part of the victim's house, chiscing the victim's chest, "the victim's chest", and chiscing the victim's finger from the lock, and put the victim's finger into the part of the victim's finger.

As a result, the defendant committed an act of inserting part of body such as fingers, etc. in the sexual organ of a juvenile victim.

Summary of Evidence

1. Each legal statement of the witness J, K and L;

1. The statements made by each victim of each victim's statement or video CD;

1. The police statement of M;

1. Report on internal investigation (in-house investigation into the victim's residence), investigation report (in-house social welfare center attached to the records of the case of the victim), investigation report (in-house specialized child protection agency attached to the case summary of the victim's case), investigation report (in-house photograph of the suspect's residence - criminal fact-related paragraph);

1. Submission of data related to sexual assault cases, and a summary of the case of the victimized child;

1. Determination on the assertion of the defendant and his/her defense counsel on the closure screen including letters

1. Summary of the assertion

A. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant had the victim take the victim’s house into his house and use the toilet, but there is no fact that the victim made indecent act by force.

B. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act), although the defendant entered the victim's house and accumulated in the victim's side thereby causing the victim's shouldering, the defendant did a similar act, such as putting the victim's fingers into the victim's sexual organ, there is no fact that he/she committed a similar act.

2. Determination

A. The Defendant denies that there was no direct act by compulsion or similar rape as stated in the facts constituting a crime since the investigation agency, to the point of view. Among the evidence submitted by the Prosecutor, the Defendant’s direct evidence to acknowledge each of the crimes of this case is only the victim’s statement, or the other evidence itself is insufficient to recognize each of the crimes. As such, the issue of this case is whether the victim’s statement has credibility or credibility.

B. In full view of the following circumstances revealed by the evidence duly adopted and examined by this court, the victim’s statement is sufficiently reliable, and thereby, it can be acknowledged that the defendant committed a indecent act by force or by suppressing the victim’s resistance as stated in each criminal facts in the judgment of the court. Thus, the defendant and the defense counsel’s assertion is not acceptable.

1) The victim’s statement is consistent with the main part of the statement, and its contents are specific, and the contents of the statement cannot be found to be contradictory or unreasonable in light of the empirical rule.

A) With regard to the criminal facts of the judgment, in relation to Paragraph 1 of the same Article, the victim took alcohol at the investigation agency at his house, but the president took the words “Isnish,” and the words “Isnish,” and the president took her son and Fscam alley, and her son took her flings about his her son and his son's fscam. The president took her son, who wanted to take her fembling her son, then her son her son her son her son. The president was her son, who was the son’s her son’s her son, was her drinking and her her son. The president was her her son, who was the son.” The president was her her son made a statement that I had her her son her her son her son her her son her her son.”

B) In relation to the criminal facts of the judgment, the victim sleeped the door at the house at the investigative agency, but the victim wanted to be sleeped and sleeped. However, the next slicked to be slicked to be slicked and slicked to be slicked. The slicked to be slicked. The president stated to the effect that the slick’s hand was slicked and slicked to be slick. The president stated to the effect that the slick’s hand was slicked and slicked and slicked to be slick. The slicked to be slick and slicked to be slick. The president stated to the effect that the slick’s hand was "on the other hand, on the other hand, slick, on the other hand."

C) As above, the victim has made a statement in a consistent manner as to the overall circumstances of the crime, such as the background and location of each of the crimes in this case, the attitude and location of the Defendant and the victim, the conversation with the Defendant, and the Defendant’s indecent act method, etc. In addition, the victim’s statement includes very detailed and distinctive matters that are difficult to make a statement without direct experience, and it is difficult to deem that the victim has made a false statement.

D) On the other hand, the victim made a statement as to the criminal facts No. 2 as indicated in the judgment of the police two times in relation to the second investigation, and made a statement as if he/she tried to put the victim into '(to see the ceiling and make the hand X), low price (to see it out in the future), and then obstructed by putting it up, cut down, cut down by hand, under the supervision of the victim, he/she was hickly kn, under the supervision of the victim, and he/she started to do so. (No. 654 of the evidence record) The victim made a statement as if he/she was inserted even around September 19, 2016. However, it appears that the victim made a statement by mixing several times according to the second investigation at a point of five months after the date of the occurrence of the case, so it is difficult to view that the credibility of the victim's statement was made by mistake, solely on the basis that the victim's statement was made by mistake.

2) According to the text (Evidence No. 241) between the Defendant and the victim, the Defendant sent the victim’s message at around 00:11 on August 7, 2016, which read “the victim or the victim?” The victim is able to divide the conversations by sending the message called “I am to am to am to am?” “I am to am to am?” “I am to am to am?” “I am to am to am?? I am to am to am, I am to am?? I am to am to am, I am to am to am to am? I am to am to am to am to am? I am to am to am to am to am, I am to am to am to am to am to the victim’s am to am to am to am to am to am to am to am to am to the victim’s am to am to me.

3) After receiving the similarity act as stated in paragraph (2) of the criminal facts in the judgment of the Defendant, the victim immediately known the fact of sexual harassment to the M social welfare workers at the NO center in Geumcheon-gu Seoul Metropolitan Government. After that, the above fact was known to the Geumcheon-gu Office, and the related agencies, such as the Specialized Child Protection Agency in Geumcheon-gu, the Public Social Welfare Center, the NO Center, and the school police officers, were gathered on the day, and discussed the case of the victim. After that, the victim reported the defendant to the police on September 20, 2016, which is the following day, and reported the damage to the police. As such, the victim notified the victim of the damage to the community service center by himself after receiving the sexual assault from the defendant, and reported the damage to the police, and there is no doubt or natural circumstance otherwise in the reporting process.

On the other hand, the defendant seems to have neglected to interfere with his/her daily life for the purpose of leading the defendant, and the victim asserts that he/she made a false report to escape from such defendant's interference. However, the victim and his/her male and female do not seem to be significant in terms of the situation where his/her mother and her mother are in contact with him/her, and it seems that he/she made a false report on sexual assault on the ground that he/she merely interferes with the defendant's own life. It is difficult to easily understand that reporting on sexual assault was made on the ground that he/she has interfered with his/her own life. In addition, the victim notified the community service center of the fact of damage, but the victim reported it to inform the victim of his/her social relationship by reporting it to the public service center, but the victim did not seem to have been punished by the defendant with negative thoughts about punishment or reporting that the defendant would not be punished, and considering that the victim did not seem to have made a considerable negative attitude on the defendant's punishment or reporting from his/her interference.

4) On the other hand, with regard to the criminal facts of the judgment of the Defendant, in the prosecutor's office and the court, the Defendant met with Dong-dong P, in addition to the Defendant and the victim at the time of "the Defendant and the victim met with Dong-dong P," but the victim wanted to take toilets, and the Defendant and the victim went to the Defendant's house. At the time, the Defendant and the victim faced with the Defendant's children at the time, and the victim was at the time, and the victim was faced with water to the victim. After that, the Defendant and the victim went to the Defendant's house at the same time, the victim was able to know the Defendant three times or more, while the victim was coming to know of the Defendant, and the victim was able to look at the Defendant's fat. After that, the Defendant, P, the victim, and K took the fat together with the Defendant's fat at the time when the Defendant took the fat where the victim was aware of the name of the Defendant."

However, in this court, the witness P does not clearly state whether the above male spathn and the spathn were affixed with the victim's body, and it appears that the defendant and the victim and the four persons stated to the effect that the remaining spathn were committed several times. At that time, the defendant appears to have opened the PC from the PC to restore the spathn together with the victim. While the defendant left the house with the victim at the time he left the house, he left the house with the victim and left the house together with the victim while leaving the spathn while leaving the spathn at the time of leaving the house, and then divided the victim's spathn and spathn. According to the letter between the defendant and the victim mentioned above, it seems that the victim was the mother's house at the time of contact with the defendant around August 7, 2016, and it is difficult to easily mention that the victim did not contact the defendant with the above spathn and did not contact the defendant.

5) In addition, the defendant asserts that it is difficult to view it as the behavior of the victim who was sexual assaulted with the defendant, such as giving a gift to the defendant after the victim committed an indecent act against the defendant. However, as seen earlier, the victim was allowed to obtain the house and live there, and then the defendant was interested in the victim and the victim's birth K, and the victim was also allowed to do so. The victim was at the same time the victim was a person who committed sexual assault against the defendant, but at the same time the victim was the only person who could become the victim at that time, and the victim was also the victim's "Isn't Don't Don't Don't Don't Don't Don't yn't yn't yn't yn't yn't yn't see it as the victim's first indecent act after the victim's oral act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of committing an indecent act against the head of a juvenile, the choice of imprisonment), Article 7(2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of juvenile similar rape)

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be aggravated in cases of concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is more severe in the penalty

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Order to complete programs;

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

1. 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 (the fact that the defendant had no record of criminal punishment for a sexual crime previously committed, and thus, it is difficult to readily conclude that the defendant has a risk of sexual assault or recidivism; the registration of personal information of the defendant and the completion of sexual assault treatment programs against the defendant can give a certain degree of effect to prevent recidivism; the effect of preventing sexual crimes that may be achieved due to the disclosure order and the notification order compared to the disadvantages and anticipated side effects that the defendant will sustain; and the defendant's age, occupation, family environment, social relationship, motive, means, and consequence of the crime in this case is relatively small, taking full account of all the circumstances such as the defendant's age, occupation, family environment, social relationship, and the motive, means, and consequence of the crime in this case, there

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes: Crimes of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination of Punishment] General Criteria for Sexual Rape Act (subject to the age of 13 or more)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 5 years of imprisonment to 8 years

(b) The first concurrent crime: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Scope of Recommendation] Type 2 (Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Force according to Relatives Relations)

* Form : Juvenile indecent act by compulsion shall be included in Category 2, but the upper and lower limit of sentence scope shall be reduced by 2/3.

【Special Convicted Person】

[Scope of Recommendation] Reduction Area, Imprisonment from August to April 3

3. Determination of sentence;

The crime of this case was committed by the Defendant’s indecent act by force using the Defendant’s belief and intent of the victim, thereby committing the act of similarity by inserting fingers, and furthermore, it is not good that the crime is committed. The crime of this case is likely to have been committed by the victim due to the crime of this case. Furthermore, the victim appears to have been suffering from a huge mental impulse and sexual humiliation, and furthermore, the victim seems to have been committed by the Defendant, who had been sexually expressed by his intent, was frightened. Nevertheless, each of the crimes of this case is consistent with the defense that the Defendant was unable to understand, and all of the crimes of this case are not against the Defendant, and it is inevitable to punish the Defendant with severe punishment corresponding to the liability for the crime. Such circumstances are disadvantageous to the Defendant.

However, considering the fact that the defendant has no record of criminal punishment for a punishment exceeding a fine or for a crime of the same kind, etc. in favorable circumstances for the defendant, and taking into account the defendant's age, character and conduct, living environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the punishment is determined as ordered by exceeding the minimum sentencing guidelines according to the sentencing guidelines, taking into account various sentencing conditions

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Parts of innocence

1. Summary of the facts charged

At the end of August, 2016 or around 22:00 on the first day of September of the same year, the Defendant: (a) known that the victim met the condition that the victim met; (b) the victim met the condition; (c) the victim met the condition; and (d) stated, “if the victim met the condition; (d) I want to do so; (b) I want to do so; (b) I want to write down the two descendants of the victim; (b) I want to walk the victim on one hand, and walk the victim’s chest with another hand, and (d) tried to put the victim’s chest immediately and continuously, and put the Defendant’s sexual flag into the part of the victim, but the Defendant did not go against the victim’s sound by putting the Defendant’s hand, and making the victim’s finger into the part of the victim’s sound.

Accordingly, the defendant tried to rape the victim who is a child or juvenile.

2. Defendant and his defense counsel’s assertion

Although the Defendant made a statement to the effect that “the victim does not take a part in the life of the victim” before the time stated in the facts charged, there is no fact that the Defendant attempted to rape by entering the victim’s house.

3. Determination

(a) Relevant legal principles;

In a case where the Defendant strongly denies the facts charged, and the victim’s statement is in fact a direct evidence consistent with the facts charged in the record, and the remaining evidence is merely hearsay evidence based on the victim’s statement, etc., in order to find the Defendant guilty of the facts charged, the victim’s statement is required to have high probative value so as to have little doubt as to the authenticity and accuracy of the statement in order to find the Defendant guilty of the facts charged. In determining whether such probative value is satisfied, the victim’s statement should be comprehensively considered not only the rationality, consistency, objective reasonableness, but also personal elements such as the victim’s sexual character (see Supreme Court Decision 2011Do16413, May 10, 2012).

The conviction in a criminal trial ought to be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2014Do11771, Feb. 26, 2015).

B. Determination

Of the evidence presented by the Prosecutor, the victim’s statement is the sole evidence to prove this part of the facts charged. Examining the following circumstances revealed by the evidence duly adopted and investigated by this Court in light of the aforementioned legal principles, it is difficult to view that the victim’s statement that corresponds to this part of the facts charged has probative value to the extent that there is little doubt about the authenticity and accuracy of the statement.

1) On September 28, 2016 and February 20, 2017, the victim stated the facts of damage at the police station on May 10, 2017, and at the prosecution on May 10, 2017. The main purpose of the statement is that, while talking about the defendant and the conditions, the defendant was able to block his own arms by putting his arms on his own lying, cut down his chest, cut down his chest, and inserting his gender.

However, the victim's statement is not consistent in the main part of the facts charged as follows. Although it is difficult to recognize the credibility of the victim's statement, considering that human memory has become less time with the passage of time, it is difficult to recognize the credibility of the statement.

A) With respect to the process in which the Defendant was entering the victim’s house, the victim stated that “the victim was able to make a statement of the fact that he was able to see the victim’s house at one time during the police investigation,” and “(Evidence No. 608 of the Evidence Records).”

A. In the two-time investigation of the police, it is doubtful whether the victim properly memorys the situation at the time because the statement was made by stating "I am am fl'," "I am am fl't have been opened (Evidence No. 638), and there is a change in the statement about the circumstances in which the defendant was made.

B) With respect to the method of the Defendant’s crime, such as the method of suppressing the victim’s resistance, the victim was placed on one-time investigation by her hand, and her hand over so, and her hand over, she was under pressured, she was fluened, and her sitd up, and she was above the above, she tried to put her hand on her chest, and her fast, and she was tryed to put her on her chest, and she was unfolded. Such she was in such form, but she was her no longer, and she was unfolded into the blus framework, and she was her flusced. It was so called her hick? she was flusced (I am out of the situation?) and she was flusced up to her under pressure, and she was flusced up to her under his/her own bridge, and she made a statement.

그런데 피해자는 경찰 2회 조사에서 이 사건 범행에 대하여 '팔 잡고 있었던 것 같 아요. (본인의 팔을 잡는 시늉을 하며) 그냥 이렇게. (한쪽 팔만?) 두 쪽 다요.'라고 진술하고, '두 쪽 다 잡았다는 건 양손으로 잡았다는 거예요? 이렇게?'라는 질문에 고개를 끄덕여 (증거 기록 제651쪽) 피고인이 반항을 제압하게 된 방법에 관하여 종전 진술과 같은 취지로 진술하면서도, '그리고 이제 그 다른 행동은 안 했다는 거지요?'라는 경찰의 질문에 '(고개를 끄덕이며) 예.'(증거기록 제651쪽)라고 진술하여 피고인이 성기를 삽입하려 했는지 여부에 대하여는 진술하지 않다가, 이어 2016. 9. 19.자 피해에 대하여 진술하면서 '가슴 만지고 막 그러다가 그냥, 하지 말라 그러다가 이제 하지 말라고 하니까 (손을 X자로 만들며) 손을 이렇게, 두 손을 이렇게 해가지고 (한 손을 앞으로 뻗으며) 탁 잡았어요. (천장을 바라보고 손을 X자로 만들며) 위로 올려가지고 저가, (한 손을 앞으로 뻗으며) 이렇게 딱 잡아서 봉쇄했어요. 하고 막 가슴 만지고, 빨고, 밑에, 밑에 손으로 엄청 세게 하고 뭐. 그 다음에 막 넣을라고도 하고 했어요.'라고 진술하여(증거기록 제653, 654쪽), 피고인이 한 손으로 자신의 양손을 위로 올려 제압하면서 자신에게 삽입하려 하였다고 진술하였다. 그리고 검찰에서는 피고인이 피해자의 반항을 제압한 방법에 관하여는 뚜렷한 진술을 하지 않았다. 이러한 피해자의 진술은 자신에게 삽입하려 하였을 당시 피고인이 반항을 억압한 방법에 관하여 일관되지 못하여, 비록 사람의 기억이 시간이 지남에 따라 희미해진다는 것을 감안하더라도 공소사실의 주요부분인 피고인의 범행 방법이 상이하다는 점에서 이 사건 범행에 관한 진술은 신빙성이 높다고 할 수 없다.

On the other hand, even if the defendant made a statement at the one-time statement of the police of the victim, which seems to be more accurately memory than the date of the occurrence of the case, the defendant took her hand or knee, etc. at the time of committing the crime of this case, and this part of the facts charged is inconsistent with the statement that "the defendant took her hand over her two hand and took her face with another hand, and tried to rape the victim", and it is entirely inconsistent with the statement that "the victim took her part in the victim's face with the victim's face with the victim's one hand."

C) Regarding the existence or behavior of K at the time of the instant crime, the victim made a statement at one time in the police room, and there was no mentioning about the existence or absence of K only by opening the door, which the defendant opened at the time of the instant crime, the two times in the police room answers to the questions of the police room : 'We have been living together with K at the time of the instant crime.' (No. 638 pages of the evidence record) and the first statement that the victim had been living together with K at the time of the instant crime. However, at the time of the Defendant’s indecent act, the victim made a statement that "the victim was living together with K" (No. 640 pages of the evidence record) and stated that he did not know of the reasons why he did not have any harm to his life, and that he did not have any reply to the police room ? It is hard to say that the victim's statement that he had been living together with the Defendant at the time of the instant crime?

On the other hand, in the second investigation of the police, the victim made a statement that he was with the same birth together at the time of the second injury (Evidence No. 638 of the evidence record), and that he had been asked at the time of the second inquiry (Evidence No. 638 of the record), and that he had been asked at the time of the second question at the time of the time of the time of the second injury (Evidence No. 669 of the evidence record). However, K made a statement that there was no direct witness to the crime of the defendant, and it is difficult for the victim to easily understand in light of the empirical rule that the defendant tried to rape the victim while disregarding the victim's birth in the same room, and if there was K who was the same birth at the time, it is hard to understand that the victim did not witness such a scene in light of the fact that it is difficult for him to properly understand the situation of the victim's memory at the time of the crime.

2) The victim stated that he had expressed that he had expressed the fact of damage to K, who is the birth victim, whenever he was injured by the Defendant. However, in relation to this part of the facts charged by the police, K had the Defendant expressed that "in relation to this part of the facts charged by the Defendant, the Defendant, the victim, P, and the 4 persons drinking alcohol in the new wall and drinking alcohol, and the Defendant was going to move to P by making her her her her her her her her her her her her her her her her her her her and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her and her her her her her her her her her her.

C. Therefore, without any reasonable doubt, the facts charged in the instant case that the Defendant, with the sole evidence submitted by the prosecutor, laid down two descendants of the victim and walked with another hand to the victim, and tried to rape and attempted to commit rape.

It is insufficient to view it, and there is no other evidence to prove it.

4. Conclusion

Thus, this part of the facts charged against the defendant constitutes a case where there is no proof of crime, and it is so decided as per Disposition with the decision of not guilty pursuant to the latter part of Article 325 of the

Judges

The presiding judge shall be changed.

Judges Tae-young

Judicial Chief Judge;

Note tin

1) According to the progress records of the case against the victim prepared by the Cheongdo General Social Welfare Center (Evidence Records No. 215 pages), and on September 29, 2016, the victim was present at the meeting. The victim refused to talk about the situation at the time. The reason for refusal is that the PC president should not be punished, and if so, the PC president should take a look at the PC president again. In addition, the present place to which he will come is the PC president and the PC president's name is the PC president, and the PC president's relation with the PC president was the PC president, and there was an idea that the PC president might come from the PC president's office where he live. And most of the PC-friendly relatives were friendly with the president, and that if the president wrong with the PC president, the PC will be able to comply with it.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제7조 제2항 제2호

-아동ㆍ청소년의 성보호에 관한 법률 제7조 제4항

-아동ㆍ청소년의 성보호에 관한 법률 제21조 제2항

-아동ㆍ청소년의 성보호에 관한 법률 제49조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제50조 제1항