logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.12.15 2016고합303
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 13:00 on June 10, 2016, the Defendant, within the F convenience store located in Eunpyeong-gu Seoul Metropolitan Government, and located in front E, sent to the victim G (n, 15 years old) (i.e., the victim’s left bucking part of the victim’s left bucking, and continued to run to the victim H (n, 15 years old) who is running drinking water.

Accordingly, the Defendant committed an indecent act by force against the victims of juveniles as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to G, H and I;

1. Application of CCTV 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, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims G with a more serious criminal situation];

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. A fine of five million won to be suspended;

1. Article 59 (1) of the Criminal Act of suspended sentence;

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

1. The reason for sentencing on Article 49(1) proviso and Article 50(1) proviso (i) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, motive, seriousness of the crime, attitude of the Defendant after the crime) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., taking into account the Defendant’s age, motive, seriousness of the crime, and the Defendant’s attitude after the crime, it appears that the Defendant’s personal information can be registered and order the completion of sexual assault treatment programs would have an effect to prevent recidivism of the Defendant. Therefore, there is no possibility of criticism in that the victims of the instant crime are juveniles. However, the fact that the Defendant is recognized and against all the charges

arrow