logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.06.22 2017고합86
유사강간
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

(c)Paragraph 4.

1. The reason for sentencing of a criminal defendant's personal information shall not be disclosed or notified, taking into account the following circumstances: (a) Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure or notification order; (b) Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it is difficult to readily conclude that the criminal defendant, who has no previous criminal record, has high risk of re-offending; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) an order to register, observe the personal information of the criminal defendant, and take lectures in sexual assault treatment; and (e) the effect that the criminal defendant's personal information may be prevented from repeating

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing guidelines [the types] The general criteria for sex offenses: The first type (special rape) (special sentencing factors) of the type (special rape) of the crime of rape (the persons subject to at least 13 years of age): the area of mitigation of punishment [the scope of recommendation] the area of mitigation of punishment [the scope of recommendation] one year to two years] the area of mitigation of punishment. The adult similar rape*

3. The criminal defendant's crime of sentencing is not good in that the defendant's trust as a marina branch has been infringed.

However, it shall be considered as a favorable sentencing factor in view of the fact that the defendant has no previous criminal record, the fact that the defendant was the first offender without criminal record, the fact that the defendant was properly recognized and reflected, the victim's 25 million won and the victim did not want the punishment by mutual consent, and the victim shall also be considered as a favorable sentencing factor. In addition, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the age, sex, environment,

Where a conviction becomes final and conclusive for a crime in which personal information is to be registered and submitted, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

arrow