logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.01.24 2018고합277
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 August 27, 2018, the Defendant: (a) around 16:50 on August 27, 2018, to the victim C (V, 16 years of age, and household name) who entered school uniforms in front of the bus stops B in Eunpyeong-gu Seoul Metropolitan Government, the Defendant met at the right her own victim one time in his/her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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 crime;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Comprehensively taking into account the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: (b) the effect of preventing re-offending by taking part in the registration of personal information of the defendant and taking part in the treatment of sexual assault against him/her; and (c) the defendant’s age, family environment, social relationship, etc. are deemed to be relatively less than the disadvantages and anticipated side effects that the defendant suffers from the disclosure or notification order; and (d) the effect of preventing sexual crimes, which may result in the disclosure or notification order, can be achieved by relatively less than the disadvantages and expected side effects that he/she

1. The risk of re-offending or other employment is low in light of the content and result of the instant crime under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, family environment, social relationship, etc.

arrow