logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.03.30 2017고합543
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of 20 million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On July 31, 2017, around 00:40 on July 31, 2017, the Defendant discovered the victim D (A, 15 years of age) who passed the place at the front bus stops in Seongbuk-gu Seoul, Seoul, and followed it, the Defendant committed an indecent act by force against the victim, who is a child, by dividing the part between the ship of the victim and the left chest into the right hand hand of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Application of the statutes on stenographic records and video-recording CDs to the Integrated Support Center for Victims of Sexual Violence;

1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the same Act, the selection of a fine concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse [the Defendant has been convicted of committing a crime of violating the Act on the Protection of Children and Juveniles from Sexual Abuse. However, considering the following circumstances: (a) the Defendant’s age before and after the crime; (b) the Defendant’s age, sexual behavior, family environment; (c) social relationship; (d) the risk of recidivism; (d) the disclosure order and notification order; and (e) disadvantages and side effects of the order, there are special circumstances that need not disclose or notify the Defendant’s personal information.

[Judgment] Grounds for sentencing

1. Statutory applicable sentences: Fines of 10 million won to 30 million won;

2. Recommendation type on the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. Determination of sentence: The crime of this case by a fine of 20 million won is committed on the new wall by the defendant, who forcedly commits an indecent act on the new wall by the victim who is a juvenile returning home at the bus stop, and he shall return home to the juvenile under his control.

arrow