logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.30 2016고합372
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

On June 20, 2016, the Defendant, on June 20, 2016, committed an indecent act by force against a juvenile victim D (one-six years old), who was walking on the front side of the “C” agent in the Guri-si B, in front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The application of the Act and subordinate statutes "the card sales slip photographs of the mobile route and the last place of music prior to the commission of the crime";

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (to refer to the following sentencing conditions under Article 51 of the Criminal Act as stated in the grounds for sentencing):

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of this case committed on the grounds of sentencing for the reason of sentencing under the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that there is no history of sex offense against the defendant, it is difficult to readily conclude that the defendant has a risk of recommitting a sex crime in light of various circumstances as stated in the reasons for sentencing, and in addition, if there are special circumstances where the disclosure or notification of the defendant's personal information should not be disclosed or notified, and there are disadvantages and side effects that the defendant suffers from the disclosure or notification of the defendant's personal information, and thus, it cannot be deemed that the defendant committed an indecent act because the defendant committed an indecent act because the defendant committed an indecent act by the chest of the victim returning home at night, and that the victim of the age that is to be shown to have obtained a considerable mental impulse, but it is not agreed with the victim.

arrow