logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.29 2015고합662
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 11, 2015, from around 16:10 to around 16:30, the Defendant began with D Station 2 of urban railway 2 located in Busan-gu, Busan-gu, and committed an indecent act by force against the Defendant on the part of the victim F (n, 13 years of age) who was a juvenile in the front dong line to the E Station 2 of urban railway 2, the Defendant got the Defendant’s hand during the victim’s sexual term.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each photograph, each investigation report (No. 3 and 5 No. 5) statute;

1. Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism, which are recognized as recorded (no criminal records of the same kind); (b) the benefits and preventive effects expected by the disclosure order or notification order of the instant case; and (c) the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not

[Judgment] Grounds for sentencing

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Scope of the recommended punishment: the lowest limit of the punishment for a year recommended by imprisonment for a term of less than the lower limit of the punishment for this term (in September), which shall be revised to the lower limit of the punishment for a term of imprisonment; or

3. Where the exercise of tangible power (specially mitigated persons) type 2 (special coercions) (special coercions) is considerably weak, and the degree of conduct is weak, in the case of the crime of indecent conduct by force (subject to at least 13 years of age) in the area of special mitigation [Determination] general standards.

3. Determination of sentence:

arrow