logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.08.13 2015고단1623
아동복지법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 25, 2015, around 18:03, the Defendant: (a) set up a victim D (Inn, 12 years of age, 12) who was driven by the Defendant while driving the CA car and passing through the said seat, and (b) presented the Defendant’s sexual organ to the extent that the Defendant’s sexual organ was set up against the victim who was faced by the driver’s seat, at around 18:03, 201.

Accordingly, the defendant abused sexual harassment, etc. that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 71(1) and (1)-2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning facts constituting an offense, and the selection of imprisonment with labor;

2. Article 62 (1) of the Criminal Act;

3. Article 62-2 of the Criminal Act;

4. Where this judgment becomes final and conclusive, where a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is required to submit personal information to the head of a police agency having jurisdiction over his/her domicile pursuant to Article 43 of the aforementioned Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

It is very difficult to say that a child victim with the reason of sentencing has been highly shocked.

arrow