logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.09 2018고합572
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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 August 4, 2018, at around 03:49, the Defendant, within the “Croata,” located on the 10th floor of the B building, was able to look at the chest part of the victim D (the 12th age old), which was locked in that place, as clothes, and continued to put his hand into the part of the victim.

As a result, the Defendant committed indecent act against the victim who is a child or juvenile by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to screen the investigation report and CCTV-cape;

1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, which adopt the relevant criminal facts and punishment;

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

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, family environment, social relationship, the details, circumstances, and result of the instant crime, the effectiveness of the prevention of sexual crimes subject to registration that may be achieved by the disclosure notification order, and the anticipated side effects of the Defendant’s disadvantage due to each of the above orders, it is deemed that there is a special circumstance that the disclosure of Defendant’s personal information may not be disclosed or notified, in light of the following: (a) the Defendant’s age, family environment, social relative relationship, the content, circumstance, and consequence of the instant crime; (b) the effect of preventing sexual crimes subject to registration that may be achieved by the disclosure notification order; and (c) the effect that the Defendant’s personal information may not be disclosed due to the above orders;

1. As to the facts constituting a sex offense subject to registration of personal information registration under the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018).

arrow