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(영문) 서울중앙지방법원 2017.02.07 2017고단128
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to the suspension of the execution of four months of imprisonment with prison labor for obscene crimes at the Seoul Northern District Court on September 4, 2014, and the said judgment became final and conclusive on November 13, 2015, and was sentenced to six months of imprisonment with prison labor for forced indecent acts, etc. at the Seoul Central District Court on April 28, 2016, and the said judgment became final and conclusive on April 28, 2016, and the execution of the said sentence was terminated at the Chungcheong Detention House on September 9, 2016.

On December 21, 2016, at around 16:00, the Defendant, a child or juvenile, who is waiting for the first floor to board the elevator on the stairs between the first floor and the second floor in Gwanak-gu in Seoul Special Metropolitan City, was exposed to the face of the victim D, E, F, G, H (each female, 16 years of age) who is a child or juvenile, up to the bottom of the snow, displayed the faces of the victim's play by using the mobile phone camera function in his/her left hand, and displayed the victim's sexual harassment, such as sexual harassment, at the same time, by photographing the above people on the second floor to move the elevator to the second floor, and giving them a sense of sexual humiliation by exposing his/her sexual image in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim;

1. Investigation report (Confirmation of the period for suspect A repeated crime);

1. Two copies of a photograph of the video closure;

1. Application of the video CD-related Acts and subordinate statutes taken by the defendant;

1. Article 71 (1) 2, Article 17 subparagraph 2 (a) of the Act on the Prevention of Child’s Reinstatement and Article 71 (1) 1-2, Article 17 of the same Act concerning criminal facts, and Article 245 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the provisions of the Act on the Reinstatement of Children that are heavier than the penalty);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Order for the protection of children and juveniles against sexual traffic;

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