logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.04.24 2014고합99
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant was a person who was the head of the village in the Si of L from around 2006 to 2012, and the victim D (V, 9 years of age) together with the money in the same village.

1. Around July 201 to August 8, 201, the Defendant: (a) induced the victim to the center by having the victim go to go to the center; and (b) committed an indecent act by force against the victim, such as the victim’s chest, fel, fel, and fel, with the victim’s chest, fel, and fel, with the victim’s finger, and the victim’s fingers.

2. The Defendant, around September 24, 201, committed an indecent act by force on the part of the victim, in the backsan of the E Village in Kimhae-si, where there is no person from the victim while entering mountain together with the victim, she takes the victim’s chests and the part of the victim’s chests and the part of the victim’s clothes.

3. On January 201, 201, the Defendant: (a) found the victim’s house located above C at the victim’s house; (b) found the victim’s being married; and (c) took the victim’s clothes to be frighted; and (d) committed an indecent act by force against the victim by deceiving the victim’s chest and fright with the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing recording of statements;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 1 of the Judgment with the most severe Crimes);

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main text of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from disclosure orders and notification orders under the Act on the Protection of Children and Juveniles against Sexual Abuse;

arrow