(영문) 창원지방법원 진주지원 2015.10.15 2015고합46

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자간(%)

(영문) 창원지방법원 진주지원 2015.10.15 2015고합46

청소년의성보호에관한법률위반(청소년강간등)

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

Defendant

A is written in the indictment in 2007, but it is reasonable to 2007, considering the victim's statement that the third year was a middle school at the time of crime, although it was written in 2008.

As long as the defendant turns out to the effect that there is no difference between the defendant and the victim, even if the date and time of the crime were corrected from 2008 to 2007, it seems that there is no particular obstacle to the defendant's exercise of his right to defense, and in relation to the incidental disposition, the correction is more favorable to

At the defendant's room at 17:00, Jinju-si, F apartment 101 608, Jinju-si, the defendant's wife G (the age of 14 at that time) had the victim H (the age of 14) living in the same apartment with the defendant's wife G was frighted at the apartment entrance, she was frightd with the victim at the entrance of the apartment house, she was in the house, and she was in the house, and she was in the house, and the G was frightd to commit an indecent act against the victim of the house to see the market, and "I am only once" and "I am only." The victim was forced to put the victim's chest into the victim's chest by force by inserting his hand into the victim's inner part, and the victim was frighted by having the victim's finger.

Accordingly, Defendant A committed an indecent act by force against a juvenile victim.

Summary of Evidence

1. The statements of the victim's video recording in Chapter III of the CD H;

1. Investigation report (investigation related to disability A of a suspect);

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 10(2) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007; hereinafter the same shall apply), Article 298 of the Criminal Act (the maximum of imprisonment: Provided, That the maximum of imprisonment shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 2010);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act:

참조조문

-청소년의 성보호에 관한 법률 제10조 제2항

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