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(영문) 의정부지방법원 고양지원 2015.07.03 2015고합55
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing on the grounds of sentencing, in full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in this case, the defendant is the first offender; and (b) the registration of personal information and participation in the sexual assault treatment program alone appears to have an effect to prevent recidivism of the defendant; and (c) the defendant’s personal information is not disclosed or notified to the public; and (d)

1. The range of recommended sentences based on the sentencing guidelines [the range of recommended sentences] the general criteria for sex offenses (the persons aged 13 or older) and the basic area of the crimes of rape (Rape/special rape, etc. by blood relation) (the decision on the recommended area] and the basic area of the punishment [the range of recommended sentences] 5 years to 8 years; and

2. Determination of sentence: The crime of this case for the four-year period of imprisonment is deemed to have been raped by the victim who has been under the influence of alcohol, but it appears that the defendant committed the crime of this case in a somewhat contingent, consistent manner, the defendant appears to have committed the crime of this case. All of the crimes of this case are led to the crime of this case, the confession of all of the crimes of this case and reflects his mistake in depth, the first offender, and other circumstances indicated in the records of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., shall be determined within the scope of the sentencing guidelines as ordered within the range of the sentencing guidelines.

the defendant who has registered personal information.

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