logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.09.25 2019고합476
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 15, 2017, at around 18:30, the Defendant discovered the victim D (at 15 years of age) who was in transit in Seo-gu Incheon, Seo-gu, Incheon (C), discovered the victim D (at 15 years of age), fright to force the victim by indecent act. The Defendant followed the victim, and got back his/her own hand, and turned back his/her knb, and became only one time the victim’s knb.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Notification of each police report on the defendant's legal statement D to the department related to the report of 112-case case, and application of CCTV closure photographs and victim clothes-related Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15452, Dec. 11, 20

1. The fact that the Defendant is the primary offender under the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the extent of the instant indecent act is relatively minor; the Defendant is expected to have the effect of preventing recidivism of a sexual crime to a certain extent solely based on an order to attend a lecture for treating sexual assault against the Defendant, an employment restriction order, and registration of personal information; and other Defendant’s age, character, and behavior.

arrow