logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2012.12.28 2012고합262
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is physically handicapped and unemployed in third degree.

On May 12, 2012, from around 08:30 to around 10:00, the Defendant: (a) intending to come up side of the victim D (the age of 15) who is a juvenile seated in the Si Park at Sinung City, and come up with the victim’s clothes, and come up with the victim’s chest, and came up with the victim’s sexual organ toward the victim’s sexual organ by getting the victim’s hand, and (b) committed an indecent act against the victim by force, such as: (c) putting the victim’s panty to the victim’s sexual organ; and (d) intending to let the victim take up the victim’s sexual organ by getting the victim’s finger; and (d) 2)

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The statement of D contained in one police video camera;

1. Application of CCTV-related Acts and subordinate statutes to entry and exit when committing a crime in investigation reports or recording records, expert opinions of children with disabilities against sexual assault, or elevator for suspect's residence;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the victim frightened from the date and place indicated in the judgment of the defendant, the victim frightened, the victim frightened from the defendant's arms in the process of leaving the defendant's arms, and the defendant frightened the defendant's chests twice in the above clothes, and there is no fact that the defendant committed an indecent act against the victim as described in the judgment.

2. We examine the judgment. The above.

arrow