(영문) 부산지방법원 동부지원 2015.02.06 2014고합243

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2015.02.06 2014고합243

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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 October 4, 2014, at around 02:00, the Defendant discovered the victim E (the age of 17) who was waiting for a long time at the seat of the DNA telecom located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “C”), attempted to have a sexual intercourse with the said victim, and accessed the victim to have a separate room in his implied telecom.

Then, the Defendant confirmed the age of the victim in the process of talking and communicating with the victim at the above time, and opened the victim who was seated in the beer, forced to put him on the beer, put him into the beer, put him on the part of the victim, put him into the beer, put him into the beer, put him into the part of the victim. The Defendant refused to do so by the victim's refusal to do so, and prevented the victim from passing ahead of the defect by leaving the beer, and "I do not see.........., we need to do so, 10 minutes of theme, and we need to do so," and recommended the victim to continue to remain in the above televise plan.

However, the defendant tried to have sexual intercourse with a juvenile by force, but the victim did not want to do so, even though the victim did not want to do so again, he did not want to do so.

Summary of Evidence

1. Defendant's legal statement;

1. F suspect suspect interrogation protocol of the police and copy of police suspect interrogation protocol;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 7 (6), (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. Sentencing under Article 62(1) of the Criminal Act.

참조조문

-아동ㆍ청소년의 성보호에 관한 법률 제7조 제6항

유사 판례

-수원지방법원 2014.01.21 2013고합332

-대구지방법원 2015.12.18 2015고합303

-대구지방법원 경주지원 2014.11.14 2014고합43

-의정부지방법원 고양지원 2015.03.13 2014고단3178

-대구지방법원 안동지원 2015.04.23 2015고합4