logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.04.18 2013고합968
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 14, 2013, at least 21:25, the Defendant completed the school at 109, 4 p.m. from the Gandong-gu, Busan, the Mandong-gu, Busan, to look back to “student” and returned to the victim D (n, 16 years of age) who returned to the school, and tried to take back the Defendant’s sexual organ. The Defendant saw the victim’s body by pushing the victim who was stopped by playing his play over, tightly tightly tightly tightly tightly emphasizing the victim’s body, then putting his hand into the part of the victim’s body and breaking his face into the part of the victim, and tried to take the victim’s face into consideration.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording recorded by the police against D;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to each internal investigation report (the No. 6 to 11 of the evidence list), each investigation report (the No. 16, 17 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 concerning the relevant 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing, in full view of the circumstances favorable to the reasons for sentencing under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are exempt from disclosure and notification order, and the circumstances leading to the instant crime, etc., where it is difficult to deem that the Defendant is highly likely to recommit a sexual crime in light of the circumstances favorable to the reasons for sentencing, such as having no record of sex offense, etc., and the benefits and preventive effects expected from disclosure and notification order to the Defendant, and the disadvantages and side effects therefrom, etc.

1. One year to fifteen years from the imprisonment with prison labor within the applicable range;

2. Determination of the range of recommendations - sex crimes, general standards, and

arrow