logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.03 2016고합328
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 10:00 on February 11, 2016, the Defendant discovered the victim F (e.g., 16 years of age) that had been making soup to the third floor fire fighting of “E” located in Nam-gu Incheon Metropolitan City, with his family members, and considered opportunities for them to do so. The victim’s family members accumulated in the victim’s side where the victim’s family members were able to take a brying place at a bry, and then the victim covered the victim’s wall with the victim’s chest and her fry with her hand, and her finger and her finger were added to the victim’s fry, and for about 20 minutes of action, such as her deduction.

As a result, the defendant, using the victim's resistance impossibility condition, put the victim's fingers into the victim's sexual organ and commits an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. A gene appraisal report;

1. Application of statutes on the screen by cutting off on-site CCTVs;

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act; Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 299 and 298 of the Criminal Act concerning the crime;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has no heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of registered information need to be prudent as it may have a significant impact on the defendant. The following circumstances acknowledged in the record include: (a) the defendant has reached a full agreement with the victim and his/her legal representative; and (b) the defendant has no criminal history exceeding the suspended sentence.

arrow