logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.06.23 2013고합400
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Reasons

Punishment of the crime

In spring around 2012, the Defendant became aware of the Victim F (M, 17 years of age) while guiding students in the third-year course of high school in preparation for university drama movies and entrance examinations at the 'E' Teaching Institute in Seoul.

On August 2012, the Defendant retired from the above driving school, but received a request from the examinees to continue to provide the practical guidance, the Defendant decided to individually provide the victims with the practical guidance.

From around 10:00 to around 14:00 on September 18, 2012, the Defendant, while giving practical guidance to the victim at the practice room at the first floor G1st underground of Jongno-gu Seoul, Jongno-gu, Seoul, by force, committed indecent act by force against the juvenile by inserting the victim who was seated above the buckbucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of F’s statement-related Acts and subordinate statutes recorded in the video CD;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. As to orders to complete programs, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is difficult to conclude that the Defendant is likely to recommit a sex offense in light of the fact that the Defendant, who had already been closely sealed with the victim, had no record of being punished for a sex offense prior to the instant crime, exempted from the disclosure order and notification order, and that the instant crime is likely to recommit a sex offense. In addition, taking into account the Defendant’s occupation, character and conduct, the type and motive of the instant crime, the process of the instant crime, and the consequences thereof, etc., the disclosure order or disclosure order is given.

arrow