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(영문) 인천지방법원 부천지원 2016.10.07 2016고합121
특수상해등
Text

A defendant shall be punished by imprisonment for two years.

The personal information of the defendant against the defendant shall be used through an information and communications network for three years.

Reasons

A. According to the proviso of Article 21(2) and the proviso of Article 21(3) of the Act on the Protection of Sexual Abuse (the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders imposes an order to complete a program pursuant to Article 21-4 of the Act on the Probation and Electronic Monitoring, etc. of Electronic Devices)

1. Where a conviction against the second crime of Article 21-2(1)1, Article 21-4, Article 9-2(1)4, and Article 9-2(1)5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he/she is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than two years nor more than 50 years; and

2. Scope of the recommended punishment according to the sentencing guidelines: The sentencing guidelines for special injury crimes with heavier statutory penalty among the crimes of special injury and violation of the Child Welfare Act (child abuse) in the holding that there are concurrent relationships between the two years of imprisonment and two years of imprisonment; however, the sentencing guidelines for special injury crimes are not set; thus, the sentencing guidelines for the crimes of special injury are applied only to the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the scope of the decision on the recommended area and the recommended punishment). The sentencing standards for the mitigated area of the crimes of indecent act by force (the act of indecent act by force, such as by force, by force, and by force, by force): The sentencing standards for the mitigated area (one year to two years of imprisonment) of the crimes of indecent act by force (including indecent act by force, by force), which are limited to the extent of indecent act by juveniles (the person who is under special mitigation or reduction).

3. Determination of sentence: Imprisonment with prison labor for a two-year period, the defendant abused a child physically by causing bodily harm to the victim D, who is his own baby, such as injecting the kitchen knife, etc., and at the same distance from the same day.

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