logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.09.13 2016고합49
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 29, 2016, at around 09:30 on May 29, 2016, the Defendant drinked the victim E (the 14-year age), who is waiting for volunteer activities, with the intent to forcibly commit an indecent act on the victim’s left side, and the Defendant was under the influence of entering the victim’s body while sitting in the two arms, with the victim’s chest.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A written statement of E;

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There is no record of a sex offense against a defendant exempted from disclosure and notification orders under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the circumstance that the crime of this case or the records are revealed, there is a habit of a sex offense against a defendant or a risk of recommitting a sex

In full view of the facts that it is difficult to conclude that the Defendant should not disclose and notify personal information as prescribed in the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse, taking into account the benefits and preventive effects that he/she could have expected by an order of disclosure or notification, and disadvantages and side effects therefrom.

Since it is judged, it does not impose an order of disclosure and notification.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of the recommended punishment according to the sentencing criteria: Juvenile according to the sentencing criteria of the type 2 shall be limited to one year to two years (types of decisions) of imprisonment, according to the general standards for sex offenses.

arrow