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(영문) 부산지방법원 2016.08.19 2016고합347
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

(b) There is a risk of recidivism or recidivism of sexual assault because the defendant has no record of punishment for sexual assault;

It is difficult to readily conclude.

The effect of preventing recidivism is expected to be effective by the registration of personal information of the accused and the program completion order for sexual assault treatment program.

In addition, in full view of all the circumstances such as the benefits expected and the effects of the disclosure order or the notification order of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information should not be disclosed or notified.

The reasons for sentencing can be determined)

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

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

(a) Basic crime: Crimes of Violation of the Act on the Protection of Children and Juveniles from Sexual Abuse [Determination of Type] 5 years to 8 years of imprisonment for a basic area / [Determination of the area of recommendation] / [Determination of the area of recommendation] basic area where the two types of rape (including rape/special rape, such as rape by blood and intrusion into residence) are included in the two types of juvenile rape / similar rape (including the relationship between deceptive schemes and force), / None of the two types of rapes (including the relationship between deceptive schemes and force) are included in the two types of rapes]

(b) Crimes No. 1 and 2 concurrent crimes: Crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to the purchase, etc. of sex) / [Determinations] No type 1 (referring to the purchase of sex by children and juveniles) (referring to the purchase of sex by children and juveniles) (referring to the act of purchasing sex by children and juveniles)] exists in the basic area [decisions on the recommended area] [the scope of recommended punishment] from October to June 2;

C. The scope of a recommendation that is revised according to the standards for handling multiple crimes: 5 to 10 years of imprisonment (=the maximum scope of sentence for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact) for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact) for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact purchase, etc.) shall be the concurrent criminal of March 2 of the same year.

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