logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.07.14 2017고합113
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-indecent act) reported that the victim E (the name, the age of 15) who was the wife was diving in the Defendant’s house inside the Defendant’s house located in Ansan-gu, Sinsan-si, a new wall-gu, and the victim was locked, and the victim was her chest after being aground on the part of the victim.

Accordingly, the Defendant committed an indecent act against the juvenile victim by taking advantage of the victim's potential state of resistance.

2. Around November 21, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (the act of similarity) put his/her hand into the victim’s panty in the victim’s panty, who was divingd in the above defendant’s residence, and frighted the victim’s spanty, and frighted the victim’s spanty, and frighted the victim’s spanty, but frighted the victim’s spanty by taking the victim’s spanty by force against his/her hand, and inserted the victim’s spanty over four occasions into the victim’s spanty.

Summary of Evidence

1. Statement by the defendant in court;

1. Police stenographic records of E;

1. Application of Acts and subordinate statutes to report internal investigation (F telephone communications);

1. Relevant Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a point where a indecent act by force against a child or youth is committed, a choice of imprisonment), Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point where a person commits a similar act against a child or youth);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, of which punishment is more severe);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21 (4) and the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

arrow