logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.12.15 2016고합244
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant resided in 712 Dong-dong 1106, Sungnam-gu, Sungnam-si, Seoul, and worked for elementary school students in D elementary school playgrounds without any special occupation, and became aware of the victim E (V, 8 years old) at the above playground around July 2016.

On August 8, 2016, at around 19:50, the Defendant: (a) around 712 apartment buildings above 7.19:50; (b) had the right to walk the horses, and (c) had the right to walk the horses, so that the Defendant was able to commit an indecent act by having the victim walk the horses to the Defendant’s office.

Accordingly, the Defendant said, “Is the Victim, as our house,” and said, the Defendant 712 Dong 1106 of the above apartment house, brought the victim first to water, and brought the victim’s hand to the bed and to the bed, and brought the victim’s hand into the bed and to the bed. The Defendant first sited in the bed head of the bed, and the victim was her seated on the left side of the Defendant, and her son, etc. and her son, her son, etc. were 2 to 3 times.

In that sense, the Defendant, who was frightened in the bed, called the victim’s body, had the victim go up with the Defendant’s face, cut off the Defendant’s body, and kid up the Defendant’s face, and kid up the victim’s hand with the bed, and 2-3 times the Defendant was kid in the victim’s entrance, and kid off the victim’s kis.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. A victim video CD or stenographic record;

1. Application of Acts and subordinate statutes to elevator CCTV photographs and field inspection photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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 (hereinafter referred to as the following grounds for sentencing) 1.

arrow