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(영문) 서울남부지방법원 2020.10.21 2020고단2661
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

On March 3, 2020, from around 20:57 to 21:01 on the same day, the Defendant discovered the victim C (V, 9 years old), and the victim D (V, 13 years old) playing while passing the apartment playground in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and showed the sexual wave to the victims of the sexual wave.

As a result, the Defendant committed sexual abuse, such as sexual harassment, which gives a child sexual intercourse at the same time, while openly doing an obscene act.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement statement E, C, and D of the defendant;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, based on the grounds for sentencing as follows: the Defendant’s age, character and behavior

Defendant committed a crime against a child who is sexual and mentally well-known, and has a considerable impact on the victim.

It has been punished by a majority of the defendants, such as punishment for the same crime.

point of view, confession and reflection of the defendant

(k) Agreement with the victimized child;

In this regard, in a case where a conviction is finalized against a crime of violating the Child Welfare Act (in a case where coercion, intermediary, sexual harassment, etc. against a child) in the judgment that constitutes a sex offense subject to registration, the Defendant 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

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