logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2016.05.26 2016고합31
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes with mental disorder of Grade III with mental disorder with mental disorder, under the state that the defendant lacks the ability to discern things or make decisions due to the above mental disorder:

In the indictment on January 15, 2016, the Defendant is the date of the crime “ January 16, 2016.” However, according to the result of the examination of evidence, the date of the crime in this case can be recognized as the facts on January 15, 2016. Thus, there is a concern that the Defendant may have a substantial disadvantage in exercising the Defendant’s right of defense.

As such, it cannot be seen as above without any changes in indictment procedure.

14:41 Simsan-si finds the victim D(W, 10 years of age) that passed the front of the defendant's person before the Da apartment, and finds the victim D(W, 10 years of age), following the victim's back to about 5 minutes in front of the F photographic line E, and the victim stops in front of the crosswalk and stops in front of the crosswalk, and is not good for the victim.

"............. the victim's suffering was about 2 seconds.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of the course of preparation and movement of victims, pictures of the course, field map, and CCTV-cap photographs;

1. Application of Acts and subordinate statutes to report internal investigation (any specific relation to the person under suspicion, any specific suspect G excluding him/her);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. Where the accused who has registered personal information under Article 21(2) main sentence and Article 21(4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Order to Attend, becomes finally convicted of the criminal facts indicated in the judgment.

arrow