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(영문) 서울고등법원 2016.02.02 2015노2900
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault against the defendant for 120 hours.

Reasons

(a) is an unfavorable condition;

On the other hand, the fact that the defendant made a confession as a substitute for the crime and divided his mistake, that there is no record of punishment for sexual crimes, that the amount of money taken by the defendant from the injured party is not significant, and that the defendant deposited five million won to the injured party in the first instance is reasonable.

In addition, the above circumstances and other circumstances, including the defendant's age, sexual conduct, family environment, motive, means and consequence of the crime of this case, various circumstances which are conditions for sentencing, and the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery Rape) according to the sentencing guidelines established by the Sentencing Committee (at least 10 years of imprisonment) (the scope of the recommended punishment) on the general basis of the crime of rape (at least 13 years of age) (the scope of the recommended punishment) in the special aggravated area (at least 10 years of age to 22 years of age) [the special aggravated person] in the special aggravated area (from 10 years to 22 years of age), the increase of extreme sexual humiliation, the increase of extreme sexual humiliation, and the crime of violation of Article 3 (2) of the Act on the Punishment, etc. of Sexual Traffic (type 3) * The above sentencing guidelines are not set on the lower limit of the sentencing guidelines.

Comprehensively taking into account the above favorable circumstances, the sentence of a punishment that deserts the scope of the recommended sentence according to the sentencing guidelines shall be determined and sentenced as per the disposition.

Where a conviction becomes final and conclusive with respect to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Special Robbery) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using a camera, etc.) in the judgment on the registration of personal information, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency

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