강간등
A defendant shall be punished by imprisonment for four years.
To order the defendant to complete a sexual assault treatment program for 40 hours.
A. In light of the content, motive, method, and consequence of the crime, there is a special circumstance in which the risk of recidivism by the Defendant pursuant to the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is significantly low or employment is not restricted.
shall not order the restriction on employment.
Reasons for sentencing
1. The scope of punishment by law: Imprisonment for a period of three years to twenty-two years;
2. Scope of the recommended sentencing guidelines: Imprisonment with prison labor for a period of three years to six years.
(a) Crimes Nos. 1 and 4 (Crime of Bodily Injury) [Scope of Punishment of Recommendations] General Bodily Injury (General Bodily Injury) (4 months to 1 year and 6 months) basic area / None of special sentencing factors]
(b) Class 2 (Special Intimidation) / [Scope of Recommendation] No basic area (six months to one year and six months) of the crime (Habitual, Cumulative, Cumulative, and Special Intimidation) / None of the crimes (a person subject to special sentencing)
(c) 3 Crimes (Rape) (Scope of the punishment for rape) : (a) the basic area (two and a half years to five years) of the first type (special sentencing) of the rape (the scope of the punishment for rape) ; (b) the scope of the final sentence due to the aggravation of multiple offenses ; (c) the scope of the amended punishment for two years and six months to six years ; (b) the scope of the punishment for the recommended punishment ; (c) the three to six years and three months of imprisonment (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the statutory minimum limit of the applicable sentencing range); and (d) the minimum limit of the applicable sentencing under law is set by the law).
3. Determination of sentence: The punishment for the accused shall be determined by taking into consideration all the sentencing circumstances described in the records and arguments of this case, such as the age, sexual conduct, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, criminal history, etc., in favor of or under the unfavorable circumstances of the accused, 4 years of imprisonment, 40 hours of order to complete a sexual assault treatment program, etc.
In favorable circumstances: The defendant recognized the mistake of each injury crime and reflects it.
The health condition of the defendant is not good, and the mother of the defendant is also a terminal patient.
Defendant has no previous convictions.
Disadvantageous circumstances: The defendant is suffering from committing a special intimidation or rape.