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(영문) 대구지방법원 2016.04.29 2015고합473
살인미수등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 200 hours.

Reasons

(c)be obligated to submit personal information to the competent authority;

Reasons for sentencing

1. Five years 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 crime - Offenses of Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of Type] 2 (Rape/Special Rape, such as Blood Rape / Housing Intrusion, etc. by Relatives) (Special Sentencing / Specific Rape / Aggravated Sentencing : mitigated elements of punishment [the scope of determination in the sphere of recommendations and recommendations] basic area of punishment [the scope of punishment], five years to eight years

(b) Class 1 concurrent crimes - The attempted homicide [Determination of Type] 2 (Special homicide) [Special Sentencing Person] Reduction element: Minor injury, Non-Appellant [Scope of Punishment Decision and Recommendation] Special Mitigation Area, Imprisonment with labor for a year and two months to eight years - homicide, and so the lower limit of sentence is reduced to 1/3 and 2/3. The upper limit of sentence is reduced to 2/3.

(c) 2nd concurrent crimes - The crimes of confinement [the types of decisions] - The general criteria for arrest, confinement, abandonment, and cruel arrest and confinement [the person subject to special sentencing] / [the person subject to special sentencing] aggravated factors: Where the motive for a crime (where a crime is committed as a means to commit another crime) that may be criticized (where a crime is committed as a means to commit another crime), the degree of arrest and confinement is serious (where the degree of tangible force and intimidation in the course of arrest and confinement is extremely serious): The mitigated factors of punishment (the scope of decisions and recommendations in the sphere of recommendation and recommendations). The mitigated factors of punishment are not subject to aggravated punishment (the scope of punishment), 8 months to one year and six months.

C. Since the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the sentencing guidelines are not set and the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the sentencing guidelines are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit is set in the sentencing guidelines for the crime for which the sentencing guidelines are set.

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