logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.10.12 2017고합175
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

. The victim and E claim that they were not aware of the fact that they were well-grounded, and that they were the defendant's unreshion because they were considered to be unreplaceable.

However, as seen in the basic facts, since the victim and E have left the place of separate collection after the defendant left the place of separate collection, the victim and E did not contact the defendant at the place of separate collection on the day of the instant case, and even if the defendant did not leave the victim or E.

It is difficult to accept the fact that a victim or E is free from the defendant for such reason in light of the empirical rule.

Reasons for sentencing

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing guidelines [types] The crimes of forced indecent acts (subject to at least 13 years of age) committed on the basis of the general criteria for sex offenses [Involuntary indecent acts, such as forced indecent acts by blood or intrusion into residence, etc.] [Special Sentencing Persons] mitigated elements: Where the exercise of tangible power is considerably weak [the scope of recommended punishment] mitigated area [the scope of recommended punishment] between one year and two years / descriptive criteria: The indecent acts by juveniles (including indecent acts by deceptive means and force) committed on the basis of juvenile (including indecent acts by force).

3. The fact that the defendant who was sentenced to punishment is cleaning employee working at a middle school and the nature of the crime is not good by engaging in an indecent act against students in school, and the victim was found to have received considerable mental impulse due to the defendant's crime;

In light of the fact that the victim seems to have been punished by the defendant, there is no previous conviction for the defendant, the crime has been committed in a contingent and one-time manner, and the degree of tangible force is not severe, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, sex, family relation, circumstances before and after the crime, and circumstances before and after the crime.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

arrow