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(영문) 수원지방법원안산지원 2020.12.23 2020고단2959
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 10:40 on May 4, 2020, the Defendant, while putting his hand in the street near the B apartment zone in Silung-si B apartment Cdong, he discovered the victim D (tentative name, leisure, 10 years old) who passed through the road, and released the victim, and then “I am able to see only one minute to show his permanent domicile at the south's elevation.” The Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation, etc., to a child, by inserting his hand inside the front part of the victim, and committing a publicly obscene act at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image investigation);

1. Articles 71(1)1-2 and 17 subparag. 2 of the Child Welfare Act (a point of sexual abuse) and Articles 245 (a point of public performance and 40 and 50 of the Criminal Act for criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides orders to attend lectures and provide community service orders;

1. Where a conviction becomes final and conclusive with respect to a crime of violating the Child Welfare Act (a sex offense against a child), which is subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, (b) Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities; and Article 43 of the same Act, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order shall be the defendant's age, occupation, risk of recidivism, method and consequence of the crime.

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