logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.17 2014고합742
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

1. The sentence against the accused shall be 20 million won;

2. Where the defendant does not pay the above fine;

Reasons

Punishment of the crime

On May 24, 2014, around 17:20 on May 24, 2014, the Defendant: (a) committed indecent act by force against the victim E (the age of 11) by force, such as: (b) the victim E (the age of 11) was placed in the front corridor of the “Drae” office operated by the Defendant in the first floor of Seocho-gu Seoul Seocho-gu, Seoul.

Accordingly, the defendant committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Records of the police protocol of victims E;

1. The map of place where the crime was committed;

1. Application of Acts and subordinate statutes to written opinions of experts on sexual assault against children and disabled persons;

1. Article 7 (3) of the Act on the Punishment of Sexual Crimes, Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the selection of fines;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

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

1. Determination as to the assertion by the Defendant and his/her defense counsel regarding Article 62-2 of the Criminal Act, and Article 21 of the Act on the Protection of Children and Juveniles

1. The gist of the argument is that the defendant expressed his/her intention that he/she is flicking, thereby committing an indecent act by force, such as the victim's sexual organ part, and the victim's sexual organ part, including the victim's sexual organ part.

2. According to the evidence duly adopted and investigated by this court, the fact that the victim under the age of 11 consistently stated in the investigative agency that the victim was fluent and shaking his sexual organ, and the victim’s mother immediately after the instant case informed his mother of the situation and reported the instant crime to the police. Accordingly, it is reasonable to deem that the Defendant committed an indecent act by means of cutting the victim’s sexual organ and shakeing it.

We cannot accept the above assertion.

The defendant of the reason for sentencing has no record of being sentenced to the punishment exceeding the fine, and there is no record of being punished as the same crime.

This is favorable to the defendant.

shall not be agreed with the victim.

arrow