logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2020.05.29 2019고합104
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On October 18, 2019, around 18:00 to 18:30 on October 18, 2019, the Defendant completed the course of study at a school in front of Changwon-si, Changwon-si B, and passed by the victim C (one-year old, 15) who returned home, and the Defendant met his/her hand with the victim’s right-hand knift at one time.

2. On October 18, 2019, at around 20:07, the Defendant completed the course of study on the street in front of the trade name blick B located in Changwon-si, Changwon-si, Masan-si, and returned home, and the Defendant passed by the side of the victim E (a family name, leisure, 16 years old) who returned home, and the victim’s right side knife with his hand was knife by turning the victim’s right side.

Accordingly, the defendant committed an indecent act against the victims who are children or juveniles on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and E;

1. Each investigation report (for a suspect), (for a suspect's CCTV screen attached thereto), (for a suspect's CCTV screen attached thereto), and (for a confirmation ofCCTV image));

1. Determination as to the assertion by the accused and the defense counsel of the suspect CCTV video CDs

1. Summary of the assertion

A. As to the criminal facts of paragraph (1) of the same Article, the Defendant was faced with the victim C while leaving a road due to a delayed disability, and the Defendant was faced with his body while walking the road, and there was no difference between the victim and the victim C.

B. As to criminal facts under paragraph (2), the Defendant did not commit an indecent act by force against the victim E.

2. Determination

A. The victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in itself in light of the empirical rule, and the defendant’s motive or reason to make a false statement is not clearly revealed (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). B)

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the victims' investigation agencies and the victims' investigation agencies.

arrow