logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2017.02.09 2016고합187
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

On September 17, 2015, the Defendant, at around 02:00, completed a meeting at the front of the Dahion C, Yasan City, and cut tobacco to the victim D (hereinafter referred to as 18 years of age) who returned to the house, and also sited on the road, and used the victim’s head kym and dym the victim’s face with the victim’s own hand during the rhym that the victim’s head kym and dym the victim’s face.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report, request for cooperation in investigation (request for data on counseling centers for sexual assault other than victims D), investigation report (a summary of counseling, written opinion, etc. within the counseling center for sexual assault in the following child), investigation report (Submission of written opinion by the victim D counsel), investigation report (the submission of written opinion by the victim D counsel), and investigation report (the F telephone conversation of the President);

1. Answers to the results of polysphere examination;

1. Application of the Acts and subordinate statutes governing video recording recording of the victim's statement;

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 selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Where a conviction is finalized against a defendant who has registered his/her personal information pursuant to Article 21(2) main sentence and (4) of the Act on the Protection of Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Only on the ground that the circumstances or records of the instant crime committed by the exemption from disclosure order and notification order are revealed, there is a danger that the Defendant may have a habit of sexual crime or recommit a sexual crime.

It is difficult to conclude this case, the defendant's recidivism is also possible only with the registration of personal information, taking lectures to treat sexual assault, and implementing community service order.

arrow