logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.02.14 2018고합230
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

The Defendant is a person who operates a “private teaching institute” located in Gangseo-gu Busan Metropolitan City, and the victim C (V, 13 years old) is a student of the above private teaching institute, and the Defendant:

1. On June 19, 2018, around 00 o.m., in the class of the above private teaching institute around the victim, he/she directed the victim of his/her study book, puts his/her hand in the victim’s bucks, and commits an indecent act against the victim’s bucks with approximately 30 hucks.

2. On June 29, 2018, around the same day, around the 2018. Around the same day, the said private teaching institute classroom led the victim to sit in the side of the victim, had the body of the victim faced with the victim's own loss, had the victim met the body of the body near the bones of the victim's shock, had the victim interfered with the victim's massage, and had engaged in indecent conduct by the victim's hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement recorded in the video CD;

1. A report on investigation (referring to persons who have heard details of damage from victims);

1. Investigation report (the contents of letters submitted by the victim's father D);

1. Application of Acts and subordinate statutes to report on investigation (report on victim interviews);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in paragraph (1) with a heavier penalty);

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The instant crime under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempt from disclosure and notification order, is not an offense against an unspecified victim, and the Defendant has the same criminal record.

arrow