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(영문) 광주지방법원 2018.09.14 2018고합232
준유사강간
Text

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

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

Reasons

A. The Defendant’s sentence, personal information registration, and participation in sexual assault treatment programs can also have the effect of preventing recidivism.

In light of various circumstances, such as the defendant's age, occupation, etc., there are special circumstances that may not disclose personal information to the defendant, such as the fact that the effect, etc. of the prevention of sexual crimes which can be achieved by the order of disclosure is relatively less than the disadvantage and anticipated side effects that the defendant may sustain.

[Determination]

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The scope of a recommended punishment on the sentencing guidelines [the types of decisions] the general criteria for rape (subject to at least 13 years of age) and the basic area of the first type (determination of the recommended area and the scope of the recommended punishment) [the scope of the punishment] (one year to three years and four months)] of the basic area of the rape (the determination of the recommended area and the scope of the recommended punishment] * The adult similar rape shall be included in the first type, but the lower limit and the upper limit of the sentence shall be mitigated to 2/3, respectively;

3. The Defendant rendered a decision on the sentence of sentence, taking advantage of the state in which a person who was injured by a person who was born in a sacity cannot resist him/her, has committed similar rape.

Therefore, even though the victim seems to have suffered a considerable sense of sexual humiliation and physical shock, no damage has been recovered from the victim.

Therefore, it is inevitable to punish the defendant with severe punishment corresponding to his criminal liability.

However, the fact that the defendant recognized all of his criminal acts, the fact that there is no criminal history against the defendant is considered to be favorable to the defendant, and that there is no other criminal history against the defendant, and the defendant's age, character, family relation, health status, environment, motive, means and consequence of the crime, etc. are determined in the sentencing guidelines in consideration of various sentencing factors shown in the arguments of this case, such as the circumstances before and after

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