logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.02.06 2013고합396
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 June 25, 2013, around 18:30 on June 25, 2013, the Defendant: (a) caused the Defendant’s desire to report the Victim E (n, 14 years of age) coming from the alleyway adjacent to D Park in Eunpyeong-gu Seoul, and caused the Defendant’s desire to look at the right chests of the said E by hand; (b) around 18:59 on the same day, the Defendant was able to consider that the Victim F (n, 14 years of age) of the said E in the said D Park 18:59 was hereinafter “the Defendant was ever,” and the Defendant was her son and her son was f of the said F by exposing his fingers one time and her son.

As a result, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation G;

1. Records in each protocol;

1. Application of the Acts and subordinate statutes in seven parts of a photograph of a CCTV image recording process;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, each of the relevant Articles and the choice of punishment for the crimes;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against E with heavy circumstances];

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

5. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the proviso to Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) is one of the special circumstances in which an order to attend cannot be imposed, and the defendant examples "persons with mental or physical disability, etc. under Article 10 of the Criminal Act". The defendant is a senior citizen of 74 years of age who shows symptoms of dementia, even if he/she is not up to a person with mental or physical disability, it is difficult to expect an educational effect and recidivism due to the order to attend

arrow