logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.08.01 2014고합197
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On November 12, 2013, the Defendant, around 02:07, went to a singing practice room located in Seongbuk-gu Seoul, Seongbuk-gu Seoul, with the victim G (in this case, 17 years old, H students) and I, who is the F student of the Defendant as an instructor.

At around 02:10 on the same day, the Defendant committed an indecent act by force, such as discovering the victim who was seated in the instant singing practice room, booming both the victim’s arms, drinking the victim’s arms, drinking the chest by hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of video-related Acts and subordinate statutes recorded in police statements video CDs with G;

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

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 made again for the reason of sentencing);

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

1. The reason for sentencing of a defendant's personal information should not be disclosed or notified in full view of the following: (a) 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 exempted from an order to disclose or notify information; and (b) it is difficult to readily conclude that there is a risk of recommitting a sexual crime because the victim's guardian has no criminal force, including a sexual crime, since he/she has led to the confession and reflect in depth; (c) the victim's guardian desires to leave his/her wife against the defendant; and (d) the victim's disadvantage and anticipated side effects are more likely than those expected by the disclosure or

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

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

arrow