logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.08 2015고합723
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 4, 2015, at around 22:55, the Defendant changed to the victim C (V, 16 years of age) who was seated in the front of the stage of outdoor performance 72-1, a Bupyeong-gu, Incheon, Bupyeong-gu, Bupyeong-gu, Incheon, about 72:10, while stating that “the Defendant shall have a male who does not leave the string of the string female,” and said that “the Defendant was able to use the part of the victim’s sound as his hand, and “the female NV”.

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 C (victim);

1. A written statement of D;

1. Application of the statutes on video recording CDs for victims and CCTV storage at the scene of crimes;

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 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to an order to attend a lecture or a request to register and submit personal information under the main sentence of Article 21(2) and Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant falls under 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 shall submit personal information to the competent agency

An order for disclosure and disclosure of registered information to be exempted from disclosure and notification order needs to be prudent in that it may have a significant impact on the defendant. Thus, the crime of this case is not a sexual crime against many unspecified persons; the defendant has no criminal record for the last ten years; in this case, the defendant has the effect to prevent recidivism of the defendant to a certain extent only by taking lectures on the registration of personal information and the treatment of sexual assault.

The defendant's age, family environment, social relationship, etc. are all.

arrow