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(영문) 서울남부지방법원 2017.12.20 2017고단4119
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one shall engage in sexual abuse, such as sexual harassment, which causes a child to feel sexual humiliation, against a violation of the Child Uniforms Act (including coercion, intermediary, sexual harassment, etc. against a child);

Nevertheless, on June 28, 2017, at the Gangseo-gu Seoul Metropolitan Government apartment building B, C, and front roads of Dong, the Defendant discovered the victim D (13 years old), discovered the victim that passed through which the Defendant was carrying a bicycle for the purpose of obscenity and coloring the subject, and then stopped the bicycle in one hand by stopping the bicycle.

The act of self-defense committed sexual abuse that causes sexual humiliation to the victim.

2. The Defendant with obscene obscenity finds out the victim who was posted a bicycle on June 28, 2017 in front of the Fdong of the Gangseo-gu Seoul Metropolitan Government apartment complex F, with a view to obscene acts, and finds the victim’s name unknown while advertising the bicycle, was approaching the bicycle, was approaching the victim, and the victim was 100 meters away on the part of the victim, while taking about 100 meters.

The act of self-defluence was made openly obscene by doing knive and self-defluence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of CCTV screen for a crime of violating the Act on the Prevention of Children's Uniforms to Children, and statutes on CCTV screen for a suspect's obscene crime;

1. Relevant legal provisions concerning criminal facts, Article 71 (1) 1-2, Article 17 subparagraph 2 (the point of sexual abuse against a child) of the Act on the Place of Child Uniforms, Article 245 (the point of public performance obscenity) of the Criminal Act, and each choice of imprisonment with prison labor;

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

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

1. Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 21(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse] Inasmuch as it is unclear whether a crime against a child is committed in the case of crime No. 1 of the facts constituting the crime indicated in the judgment by the defense counsel,

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