logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.05.26 2016고합460
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On February 26, 2016, the Defendant committed the crime: (a) around 02:08 on February 26, 2016, the Defendant followed the Victim F (M, 16 years of age), a child or juvenile, who is a child or juvenile, to a toilet from the corridor run by the Defendant on the second floor, to a public toilet; (b) followed the Victim F (M, 16 years of age), who was a child or juvenile, and followed the Victim; (c) kid against his/her will, as he/she saws against his/her will, her two arms and shoulder on the left chest of the Victim; and (d) followed the Victim who gets back to the skin of the Victim, she was able to wear his/her body into the body of the Victim and use his/her ambane.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

2. On February 27, 2016, the Defendant committed the crime: (a) around 00:41, 201 on February 27, 2016, at the Seoul Southern-gu building; (b) at the Escoping room operated by the Defendant on the second floor, the Defendant sent tobacco to the Victim F (F, 16 years of age), who is a child or juvenile, and the Victim G (W, 17 years of age) and sent the victims to the outside of the corridor, and (c) sent the victims to the outside of the corridor, the Defendant scoped the victims by inserting their knife by inserting the knifs of the victims, and the knife of the victim G was knifed.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each video recording CD;

1. Application of Acts and subordinate statutes to a photograph by reporting an investigation (on-site photographing and analysis of CCTV) and capturing a course;

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 for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against G with the largest penalty];

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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which include the observation of protection and the order to provide community service and attend lectures;

arrow