logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.05.16 2017고합289
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
Text

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

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

Reasons

Punishment of the crime

1. Around July 17, 2017, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-similar act) found that the victim D (the name, 13 years of age, and female) who had drinking together with the Defendant, etc. in the Defendant’s room located in Asan-si, Asan-si, with the Defendant at the Defendant’s residence, was drunk and locked together with the Defendant’s room at the Defendant’s room; the victim d (the name, 13 years of age, and female) was bread while under the influence of alcohol; the victim dives the victim’s eye up to the breath of the breath; her her her her her her senth from the victim’s her her senth; her her her her senth was fludddd by inserting the victim’s her her senth by hand

As a result, the defendant used a juvenile victim's non-satise condition to put his hand and implements into the victim's resistance.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) took dynamic images using the Defendant’s cell phone camera function while committing similar sexual acts to the victim at the above time and place.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to D or E;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of using a camera, etc. and the selection of a sentence) concerning the crime;

1. The extent of the sum of the long-term punishments of the crimes stipulated in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the act of similarity) of the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment and the punishment above two crimes shall be the same.

arrow