logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2013.09.27 2013고합70
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 22:30 on May 28, 2013, the Defendant, while under the influence of alcohol within the photographic line of “E” operated by the Defendant in Chuncheon-si, and the Victim F (15 years of age, women) who was found to be a customer, was waiting to sit on the side of the victim, she saw that “the hand is hick,” and sees the victim’s hand, her hand, her hand, her hand, her hand, her hand, her hand, her hand, after reporting the urine to the toilet, and then her part of the victim’s sexual organ was exposed to the victim’s sexual organ, and she committed an indecent act by coercioning the victim as a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on site photographs

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Grounds for sentencing under Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than fifteen years;

2. The range of the recommended punishment according to the sentencing guidelines [the determination of a type] the general standard of sexual crime [the crime of indecent act by compulsion by blood (subject to the age of 13 or older) / Where the exercise of force such as indecent act by compulsion by blood or entering into a house, etc. / special indecent act by compulsion (special person] by force (the elements of mitigation) / Where the degree of indecent act by compulsion is considerably weak (the scope of the recommended punishment] / 6 months to 2 years (special mitigation area, the maximum and minimum limits of the range of sentence are reduced to 2/3), / Where a juvenile commits a crime against a juvenile [the general person] / [the existence of suspension of execution of sentence] - Major reasons for writing (esteem) :

arrow