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(영문) 의정부지방법원 2019.07.05 2019고단1484
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

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

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

Reasons

Punishment of the crime

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.

Nevertheless, the Defendant abused the victim by sexual harassment that causes sexual humiliation to the victim B (here and C) who is a child on two occasions as follows.

1. On June 2017, the Defendant: (a) at his house located in D apartment E in Yangyang-si, Namyang-si, Namyang-si; (b) at his house located in D apartment E, the Defendant’s children, victims, and F, and the Defendant’s elementary school, “I ambling the chest of the Defendant.” and (c) laid off the chest, such as the victim and F, with his hand.

2. On October 3, 2018, the Defendant: (a) around H street in front of the Hari-si G around 2018, when there are several persons, such as the Defendant’s children and the victim’s friendship, the Defendant “this refers to “the chest ......” and (b) the victim’s chests with both the Defendant’s son and the victim’s son; (c) he was sent to the victim with her her son, and (d) her her son and her her her son, and was her her son.”

Summary of Evidence

1. Defendant's legal statement;

1. A statement on the occurrence of a conflict of interests between the Parties B, F, I, and J;

1. stenographic records of victims;

1. Application of the Acts and subordinate statutes governing the consultation day of the K elementary school;

1. Relevant Article 71 (1) 1-2 of the Child Welfare Act, Article 17 subparagraph 2 of the Child Welfare Act (a point of sexual abuse), and the selection of each fine for a crime;

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

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

1. The main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed sexual abuse against the victimized child, and it is necessary to impose severe punishment because he/she did not agree. However, the defendant committed the crime in this case.

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