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(영문) 광주지방법원 2014.03.25 2013고단2879 (1)
아동복지법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall commit any abuse of sexual harassment, etc. that causes a child to feel sexual humiliation.

On June 25, 2013, at around 08:30 on June 25, 2013, the Defendant issued the victim E (n, 12 years of age), a child attending the above middle school in front of the D middle school located in Gwangju Mine-gu, the Defendant stated that “I will give money to the victim by hand, I show a sexual flag, I cannot do so,” and “I cannot do so.”

Accordingly, the defendant abused the victim by sexual harassment to make the victim feel sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the petition for accusation and recording notes;

1. Article 71 Subparag. 2 of the Child Welfare Act and Article 17 Subparag. 4 of the Child Welfare Act, the selection of a fine concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 12329, Jan. 21, 2014);

1. Where a conviction becomes final and conclusive on the crime of violating the Child Welfare Act, which is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit his/her personal information to the head of a competent police office pursuant

In light of the Defendant’s age, occupation, risk of repeating a crime, disclosure order or notification order, anticipated side effects of the Defendant’s entrance, prevention effect of sexual crimes subject to registration, effect of protecting the victims, etc., it is determined that there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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