logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2013.09.05 2013고합30
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for six 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 17:10 on April 17, 2013, the defendant, who was in the Chungcheong Budget C, was taking lessons in the D Institute Teaching room operated by the defendant in Chungcheongnam-gun, and the victim E (the 17-year old age) was able to see the victim's head several times of questioning, even if the victim's head was involved, and then the defendant's left hand was frighted in the victim's leashion, and the defendant's hand was fright toward the victim's left shoulder, and the defendant's hand was fright on the victim's left chest.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Article 7(5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Personal information is disclosed or it is difficult to view that the defendant is likely to recommit a sexual crime, considering the defendant's age, occupation, circumstances leading to the crime of this case, disclosure order, and anticipated side effects, etc. comprehensively, considering the fact that the defendant has no record of being punished for a sexual crime, the degree of indecent act is relatively minor, the act committed by the victim is against the victim, and the defendant's age, occupation, details of the crime of this case, disclosure order or notification order, and other factors such as the defendant's disadvantage and anticipated side effects.

arrow