logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2013.06.20 2013고합43
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

At around 12:10 on April 13, 2013, the Defendant: (a) around 12:10, the Defendant: (b) around the show stand, the victim E (the age of 15) who was a guest was frighted in the instant World Cup; and (c) had the mind of indecent act by compulsion.

The defendant saw the victim by using his own sparing sparing sparing sparing the victim, and committed an indecent act by force against the victim by sparing the left chest of the victim as his hand.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 62-2 (1) of the Criminal Act;

1. Where a conviction of the defendant who has registered personal information of this case under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information of this case under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for one year - 30 years;

2. The range of recommendations on the sentencing guidelines / [the range of recommendations on the sentencing guidelines] / [the general standards, the crimes of indecent act by force (subject to over 13 years of age), the crimes of indecent act by force (subject to special mitigation] and the types 2 [recommended] mitigated area: Imprisonment with prison labor for September - one year and 6 months [the restrictions by the applicable sentences]] imprisonment for not less than one year (general mitigation person], and reflects (general mitigation person] committed against juveniles;

3. Determination of sentence:

arrow