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(영문) 수원지방법원 성남지원 2019.07.23 2019고단1191
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 12, 2018, around 22:50, the Defendant: (a) stopped C QM6 passenger cars in front of the bus stops located adjacent to the bus stops located adjacent to G in Gwangju-si, Gwangju-si; (b) stated that the Defendant would be frightened to the victim D (a person, fright, 16 years old) who passed through the road, and “I will be frightened”.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which sexually imprisons children.

2. At around 15:30 on March 31, 2019, the Defendant: (a) parked the said car in the FF Elementary School (FH) passenger parking lot located adjacent to the Gyeonggi-si, Gwangju-si; (b) opened a driver’s seat car and displayed the victim G (V) who was in the nearby play area, saying, “I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am).”

As a result, the Defendant committed sexual abuse, such as sexual harassment, which sexual intercourse with a child, and made a patently obscene act at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D (alias) and G;

1. Article 71 (1) 1-2, subparagraph 2 of Article 17 of the Child Welfare Act (a point of sexual abuse against a child) and Article 245 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the criminal facts of a violation of the Child Welfare Act (the coercion, intermediary, sexual harassment, etc. against a child) committed against whom personal information is to be registered and to be registered under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities;

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