logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.07.10 2014고합119
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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

1. On April 2010, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse, went away from the office of the Defendant located on the first floor of the C building at Guriri-si, and went on the victim’s body by hand with the defect that the Defendant and the victim D (the age of 16) living together with one week, attempted to sleep. The victim’s left chests of the victim, taken the victim’s legs over one time, and rh the victim’s legs, taken the victim’s legs over, and rh the victim’s legs. On the top of the victim’s leg, the victim’s chest was able to write the victim’s chest by inserting his/her finger by inserting his/her hand

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

2. On February 25, 2014, around 20:00, the Defendant made the victim’s sexual organ known in the Fnonoe room located in Gui-si E, 3-4 times in the Defendant’s sexual organ, and made the victim’s sexual organ contacted with the victim’s sexual organ by drawing up the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. Application of Acts and subordinate statutes to a victim D's summary statement;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act (the occupation of indecent act by compulsion around the end of April 2010; the choice of imprisonment), Article 298 of the Criminal Act (the occupation of indecent act by compulsion on February 25, 2014; the choice of imprisonment) and Article 298 of the Criminal Act (the occupation of indecent act by compulsion on February 25,

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Article 16 of the Act on the Punishment, etc. of Sexual Crimes against Sexual Crimes.

5. In light of the facts leading up to the instant crime, etc., the Defendant did not have the same criminal record in the exclusion of disclosure orders and notification orders.

arrow