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(영문) 부산지방법원 서부지원 2019.08.29 2019고단917
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In spite of the fact that no one is engaged in sexual abuse, such as sexual harassment, etc. that causes a child to feel sexual humiliation, the defendant committed, on January 7, 2019, sexual abuse such as sexual harassment, etc. against a child, the defendant committed sexual abuse, such as sexual harassment, etc. that causes a child to feel sexual humiliation, which means that "in person, kis, kis, or kis, kis, kis, or one-time defect" against the victim while communicating with the victim D (the 15 years old), which is a child, while communicating with the victim D (the 15 years old) on January 7, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing victim statements, records, investigation reports (on-site confirmation and attachment of site photographs), and field photographs;

1. Relevant Article 71 (1) 1-2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the Defendant committed sexual harassment, etc. against the victim under 15 years of age (the victim of the third degree of disability in the mental retardation) whose concept of sexual intercourse is rare, and the crime of this case is very poor in light of the circumstances and place where the Defendant and the victim met, the age of the Defendant and the victim, the victim’s health status, the content of sexual harassment, etc.

On the other hand, the defendant made a confession of the crime of this case against his depth, and the victim was not punished by the defendant under a mutual agreement with the victim and his father and mother. The defendant did not have any special criminal records other than the fine power once.

b)such circumstances;

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