logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2016.09.07 2016고합8
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 27, 2015, the Defendant, at around 04:30, 04, 04:30, accumulated in the side of the victim E (the family name, the 18-year old age) set aside in the soup waterside room located in the mountain area of the mountain of the mountain of the Republic of Korea. On December 27, 2015, the Defendant continued to put the finger into the victim's panty and continued to put the finger into the victim's panty, and committed similarity to the victim, who is a juvenile.

Summary of Evidence

1. The statements made by the victim recorded in the video CD (the victim has made a concrete and biological statement of the crime and consistent with the core statements. The statements made by F together with the statements made by F at the time of the crime, and the victim immediately after the crime is committed, are inconsistent with other evidence, such as those made with friendship, and the contents of G given by the victim immediately after the crime is committed. Unlike the circumstances where the victim’s statements were false, credibility is recognized.)

1. Each legal statement of the witness H (name, the gathering of victim), F, and I;

1. The application of each of the visual Acts and subordinate statutes in relation to photographs and G photographs, after the case is closed with the contents of the letter sent by the victim to her natives;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and punishment;

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. The order to disclose or notify personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is exempted, and the defendant and the victim reside in the same neons and thus are likely to have an adverse impact on the normal living of the victim or his/her family members due to the disclosure or notification of personal information of the defendant, and there is no history of punishment against the defendant due to sex offense, and there is insufficient data to readily conclude that the defendant is in danger of recidivism. The circumstances and results of the crime of this case, the circumstances after the crime, and the disclosure of personal information.

arrow