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(영문) 대구지방법원 2016.09.09 2016고합135

강간등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

(e).

Reasons

(b) there are special circumstances that may arise.

[Determination]

Where a conviction becomes final and conclusive against a defendant who has registered personal information, the defendant is 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 thus is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Three to forty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic Act - Each type of rape [Determination of the type] - No one type (general rape) (the scope of a recommendation and recommendation] (the determination and recommendation in the sphere of recommendation] - the basic area of the rape (the subject of at least 13 years) and 2 years and 6 months to 5 years;

(b) 1st concurrent crimes - Each similar rape [Determination of the type] - No one (general rape) type 1 (the scope of a recommendation and recommendation) (the scope of a recommendation), the basic area of the rape (the determination of the recommended area and the scope of a recommendation), 1 year and eight months to three years and four months (the adult similar rape * the minimum and maximum limits of a sentence shall be reduced to 2/3, respectively.

(c) 2nd concurrent crimes - The types 1 (special sentencing factors) (special sentencing factors): in the event that there is a cruel act, the degree of arrest and detention is serious [the scope of the recommended area and the recommended punishment] special aggravated area, 8 months to 3 months of imprisonment, and 2 months.

(d) Two years and six months to nine years (five years of imprisonment) after the application of the standards for handling multiple concurrent crimes; 1/2 (one year and eight months of imprisonment) of the upper limit of the range of punishment for the first concurrent crimes; and 1/3 (nine months of imprisonment) of the upper limit of the range of punishment for the second concurrent crimes in the upper limit of the scope of punishment for the second concurrent crimes).

(e) Three to nine years, and nine years (in cases where the scope of sentence recommended by the sentencing guidelines is inconsistent with the scope of applicable sentences under law, it shall be based on the lower limit of applicable sentences under law, since the scope of sentence recommended by the sentencing guidelines is inconsistent with the scope of applicable sentences).

3. The defendant shall be sentenced to a sentence;