logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2014.02.17 2014고합3
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 21, 2013, at around 17:10 on December 21, 2013, the Defendant: (a) committed an indecent act by force against the victim D (hereinafter referred to as “the victim’s right-hand bucks”) who was seated next to C urban bus, which came from a high-place terminal; (b) “ whatever the house is and what the name is omitted”; and (c) the victim’s right-hand bucks only 2-3 times by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Reporting on the occurrence of a suspected case and the application of Acts and subordinate statutes concerning report on internal investigation (related to specific suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day converted);

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following favorable circumstances among the reasons for sentencing);

1. 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: In full view of the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no sex crime record) recognized as recorded, the benefits and preventive effects expected from the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, etc., it is deemed that there are special circumstances under which the Defendant’s personal information may not be disclosed or notified (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc., of Sexual Crimes, which shall be registered and submitted, stipulates that the Defendant subject to registration becomes a person subject to registration of personal information when a conviction becomes final and conclusive with respect to a sex crime

However, this court has suspended the sentence of the defendant, and the defendant is in accordance with Article 61 (1) of the Criminal Act.

arrow