logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 상주지원 2019.10.17 2019고합34
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 September 2018, the Defendant came to know the victim C (mar, name, and age 15) through the cell phone display “B” on the early 2018, and was willing to commit an indecent act by force against the victim by exchanging communication through D.

1. On September 19, 2018, the Defendant, at the time of stay at around 21:00, committed an indecent act by force against the victim by waiting the victim at the bus stops near the victim’s residence, leaving the victim’s car, leaving the Defendant’s car, leaving the victim’s house, leaving the victim’s house, leaving the victim’s house, and leaving the victim’s own view on the victim’s own.

2. At around 21:00 on September 29, 2018, the Defendant: (a) laid off the victim on the ground of the same method as indicated in the foregoing paragraph (1); (b) laid off the fluor who was seated by the victim behind the fluor; (c) forced the victim’s body into the body of the fluor; and (d) forced the victim to take one time into the fluor; (c) forced the victim’s chest to take the fluor; (d) forced the victim’s chest to take the fluor and clothes; and (e) forced the victim to take the fluor of the fluor; and (e) committed an indecent act by force by force.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (tentatively named);

1. Application of Acts and subordinate statutes to each investigation report (the sequence 5, 6, 15 of the evidence list);

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. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment of concurrent crimes as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the imprisonment for a crime)

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 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

arrow