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(영문) 의정부지방법원 2021.03.26 2020고단4495
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 19:25, 2020, the Defendant reported that the victim C (Woo, 8 years of age) was frighting in front of B apartment house B at Dongducheon-si, 2020, and had the victim look at the Defendant’s sexual organ by putting the front part of his half that he entered.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Act on the Place of Child’s Reinstatement for the crime, the selection of punishment for imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to Take Education;

1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency as prescribed in Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), the proviso to Article 49(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202), comprehensively taking into account the Defendant’s age, record of crime, risk of recidivism, type, motive, process, seriousness of the crime of this case, degree of disadvantage the Defendant’s entrance due to an order of disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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