logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.11.11 2014고합193
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2014, at around 08:00, the Defendant forced the victim to commit an indecent act by leaving the victim’s face in front of the victim C (at the age of 14) who was seated in the seat of the train operating in the direction of the relay station of Seoul subway 7, Seoul subway, and reported the mobile phone. The Defendant, with a white paper, dried the Defendant’s face, and dried up the Defendant’s sexual organ into contact the victim’s left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement C prepared by the assistant judicial police officer;

1. A written statement prepared in C;

1. Investigation report on preparation of assistant prosecution records (a copy of summary order of the same crime among criminal records of a suspect);

1. Investigation report prepared by a judicial police officer (the route of movement of a suspect via the preceding Ctv, the verification of criminal behavior, and the reproduction of video-recording images of the preceding CCTV);

1. Application of CD’s film-related statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, the choice of applicable laws and punishment for the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

4. 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 [1] The Defendant has no record of criminal punishment for any sexual crime except for the records of having been sentenced to a fine of KRW 1,00,000 due to an indecent act at a public place for about 10 years, and the instant crime is committed only once by the Defendant. The instant crime is committed by the Defendant, and the type of force and the degree of indecent act committed by the Defendant during the course of the crime of indecent act by compulsion is weak, and thus, the Defendant has a criminal record of sexual crime against the Defendant.

Inasmuch as it is difficult to see the risk of recidivism, it is unnecessary to impose security measures such as an order to disclose and notify personal information on the defendant.

arrow