logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.01.05 2017고합457
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 18, 2017, around 18:3, the Defendant committed an indecent act against the victim, who is a juvenile, in a manner that prevents the front of the victim E (n.e., 18 years old), who is walking around the Defendant, from the Busan subway Station No. 1 of the Busan subway Station No. 1, which was located in the Busan East-gu C, and in the following behind the victim E (n.e., e., 18 years old), the Defendant forced the victim, who is a juvenile, by means of buckbucking expenses at the seat of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by a victim contained in video recording CDs (netly 5);

1. Application of the Acts and subordinate statutes to the criminal place, report on occurrence (voluntary indecent act), each investigation report, internal investigation report, each photograph, CD (in the case of subway crime, net time 12)

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 relevant criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. A special circumstance in which a defendant may not disclose his/her personal information, if he/she comprehensively takes into account the family environment, social relationship, risk of recidivism, the degree of disadvantage and anticipated side effects of the defendant's entry due to an order of disclosure or notification, and the prevention effect of sexual crimes subject to registration that may be achieved due to such order, etc., of the defendant's exemption from disclosure or notification of information pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse

[Judgment] Grounds for sentencing

1. Scope of punishment: Fines of 5,000,000 to KRW 15,00,000;

2. Since a sentence is imposed by a fine, a separate sentencing criteria shall not apply.

On the first day, the Defendant committed an indecent act against the victim who was a juvenile in the subway.

This is a juvenile victim.

arrow