logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.18 2019고합268
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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

In a case where a minor criminal facts included in the facts charged are acknowledged within the extent identical to the facts charged, and where it is deemed that there is no concern about a substantial disadvantage to the defendant's exercise of his right to defense in light of the progress of the trial, the court may recognize ex officio the facts charged different from the facts charged as stated in the indictment, even though the indictment has not been modified. The facts charged in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) include the facts charged by the minor's constructive indecent act based on the same facts, and as long as the defense counsel asserts that the facts charged in this case should be based on the minor's constructive indecent act, there is no concern about causing a substantial disadvantage

Defendant

In addition, the person who requested probation order (hereinafter referred to as the "defendant") is in charge of C Driving Schools in Daegu Northern-gu B, and the victim D (the name, female, E) is the original student of the above driving school.

1. On May 1, 2017, the Defendant committed the crime around May 6, 2017, at the office of the above driving school around May 1 and 6, 2017, the Defendant kisked the victim with knee, kis of the victim, and kisk kis of the victim with her panty.

2. On February 2018, the Defendant committed the crime, at the office of the above private teaching institute around 2018, knee of the Defendant, knee of the victim, knee of the victim, and kn't of the victim’s panty, and kn't of the victim’s panty.

3. On March 7, 2019, the Defendant committed the crime of March 7, 2019: (a) around March 7, 2019, at the office of the pertinent driving school office of the Defendant, was seated on the knee of the Defendant; (b) kiscing the victim; and (c) kiscing the victim into the panty of the victim.

4. The criminal defendant committed on March 11, 2019.

arrow