logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2013.12.13 2013고합74
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

At around 06:00 on December 12, 2012, the Defendant returned home and went home to be drunk, while under the influence of alcohol at the Defendant’s female-friendly home located in the Gwangju Mine Complex, Gwangju, Gwangju, the Defendant discovered that the victim D (17 years of age) was locked, and tried to put the victim’s face back to himself/herself, and forced him/herself to turn back his/her face to his/her own. However, the victim was able to see and reject it, the Defendant she was able to fill his/her finger into the body of the next victim, and her chest was frighted, and the Defendant her chest was frighted by forcing the victim to boom his/her mother while pushing him/her into the body of the victim who resisted. The Defendant attempted to commit an indecent act by committing a child and juvenile as the victim, such as having the victim’s hand and forced sexual assault by inserting him/her into his/her own part.

Summary of Evidence

1. The defendant's fourth oral statement;

1. Part concerning D's statement among the protocol of interrogation of the police against the accused (second, second, and substitution);

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to prosecutor's investigation reports (Attachment to the printed printed materials of victim DNA);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the Criminal Act,

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 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The disclosure and notification of the personal information of the accused shall not be made, as examined below the proviso of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow