logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.11.06 2015고합103
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2009, the Defendant and the requester for an attachment order (hereinafter “Defendant”) were sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Southern District Court’s Southern District Court’s branch, and the said judgment became final and conclusive on July 24, 2009.

The indictment contains the instant crime and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on March 27, 2014, as concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, if a crime which has not yet been adjudicated could not be judged concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence shall not be imposed concurrently in consideration of equity and equality in cases where a judgment is to be rendered at the same time pursuant to Article 39(1)

(2) According to the evidence submitted by the prosecutor, the Defendant was sentenced to imprisonment on September 8, 2007 to November 4, 2008, and the said judgment became final and conclusive on July 24, 2009 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed from September 8, 2007 to November 4, 2008. The crime of this case constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed on September 21, 2011 and was sentenced to three years of imprisonment on October 27, 2013 and became final and conclusive on March 27, 2014. Thus, it is reasonable to view that the crime of this case constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive at the same time prior to the final and conclusive judgment on July 24, 2014 (the crime of larceny).

Therefore, the criminal records corresponding to the latter concurrent crimes of Article 37 of the Criminal Act are corrected as such.

【Criminal Facts】

On July 2007, the Defendant seems to be seen at the time of smuggling, which was a police officer in the middle of 207.

arrow