logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.02.15 2016고합595
상습특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

A. We need to punish the Defendant in light of the following: (a) the Defendant was not guilty; (b) the Defendant had a criminal record of the same kind of punishment due to a crime of violence; and (c) the Defendant had a criminal record of the same kind of punishment

However, considering the motive, means and result of each of the of the of the of the of the of the of the of the instant crimes, all of the sentencing conditions and the scope of the recommended sentencing guidelines of the Supreme Court (not less than six months of imprisonment) by the Supreme Court, including the circumstance after each of the instant crimes, the defendant's age, environment, sexual conduct, etc., as well as the motive, means and result of each of the instant crimes, the fact that the defendant fully recognized and reflected the crimes, the defendant appears to have committed contingent crimes, the victim D did not want

1. Quasi-voluntary indecent act: The group of sex crimes, general standards, crime of indecent act by force (subject to at least 13 years of age), type 1 (general indecent act by force), basic area, and six months to two years of imprisonment;

2. Theft: The thief military, the thief for general property, the 2th (general larceny), the basic area, and the imprisonment from six months to one year;

3. The sentencing guidelines are not set with respect to habitual special injury, and each special intimidation is in the relationship of commercial competition, so the sentencing guidelines are not applied.

* The scope of the recommended sentence according to the criteria for the sentencing of multiple crimes: the sentence shall be determined as per the order, comprehensively taking into account the following six months or longer [the lower limit is based on the lower limit of the recommended sentence range under the criteria for the sentencing of larceny, as it is in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act between the crime of indecent act by quasi-performance to which the sentencing criteria apply, larceny and other habitual special bodily injury that is not so specified, and special intimidation.].

When a judgment of conviction on a crime specified in Article 4 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant shall be a person subject to registration of personal information under the main sentence of Article 42 (1) of the same Act, and shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

arrow