logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2020.02.18 2019고합73
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 23:00 on June 16, 2019, the Defendant, while driving a vehicle for passenger use BM5, parked in the Empart gate located D at the same time in the East Sea with the victim, was under the influence of the victim himself/herself during the conversation with the victim boarding the front line in the said vehicle. While the victim refused it and pushed the Defendant, the Defendant continued to be under the influence of the victim, and became the chest of the victim who was under his/her hand, while driving the vehicle for passenger use.

2. After the act described in paragraph 1, the Defendant: (a) heard that the Defendant operated the said vehicle and returned to the Yecheondong-dong in the East Sea; (b) parked the vehicle in front of the victim’s house in the East Sea on June 16, 2019; and (c) was under the influence of the victim’s entrance, who was seated on the top of the victim’s house in the East Sea, around 23:40.

Accordingly, the defendant committed an indecent act on the part of the victim who is a child or juvenile on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure and notification order of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the type of the instant crime; the anticipated side effects; the prevention of sex crimes subject to registration and the protection of the victim; etc.

arrow