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(영문) 대구지방법원 2016.06.17 2016고합158

강도등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

(B) Aggravations: The Defendant’s father, who did not have any such factors as increase of a sense of sexual shame (if he committed the crime before being viewed by another person), submitted to this court a written agreement in the name of the father of the victim on June 14, 2016.

Therefore, the contents of the above agreement alone do not seem to be problematic to the victim himself/herself (the victim is a high school student under the age of 17, and does not seem to have a problem of intellectual ability to the extent that he/she does not accurately understand the legal and social meaning of the penalty

In addition, it is not clear that the father of the victim expressed his intention not to punish him, and as a result of the ex officio investigation by this court, the above agreement is acknowledged that the father of the victim unilaterally prepared without confirming the intention of the victim.

Therefore, the submission of the above agreement alone cannot be deemed to constitute a “non-exclusive penalty,” which is a special sentencing factor.

[Determination and Scope of Recommendations] Imprisonment of 2 years and 8 months to 4 years and 8 months * Juvenile compulsory indecent act, the lower limit of sentence and the upper limit of sentence shall be reduced to 2/3, respectively.

(b) 1 concurrent crimes - Each robbery - No type 1 (general robbery) (limited to the determination of the recommended territory and the scope of recommendations) or 4 years of imprisonment, respectively.

(c) Two years and eight months or more of imprisonment with prison labor for the scope of the recommended punishment after the application of the standards for handling majority crimes (the above crimes for which the sentencing criteria are set and the property damage crime for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, and the lower limit shall be based on the lower limit of the sentencing range on the sentencing criteria for the crimes for

(d) Imprisonment with labor for not less than three years within the scope of the modified recommended final punishment (in cases where the scope of sentence recommended by the sentencing criteria is inconsistent with the legally applicable range, it shall be based on the lower limit of the statutory applicable sentencing range);

3. The Defendant, who is sentenced to sentence, commits harassment to another person due to the serious character of the victim living in the same kind of neons.