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(영문) 대구지방법원 서부지원 2016.06.30 2016고합54
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for 13 years.

The defendant's information on the defendant shall be disclosed and disclosed through the information and communications network for ten years.

Reasons

A. In a case where a conviction of a sexual crime of this case is finalized, the Defendant 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 thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for 10 years to 30 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime No. 1: A crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) (where the result of bodily injury has occurred due to a sex offense, the age of 13 or older / In the event of the occurrence of the result of such bodily injury, the scope of recommended punishment / [the scope of recommended punishment / special rape, such as intrusion upon residence] 8 to 13 years [the basic area] / Where the crime committed against juveniles is committed several times between the same opportunity, and a crime committed against juveniles;

(b) Second offense: In the case of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) / In the case of a result of an injury resulting from a sex offense, the age of 13 years or older or the bodily injury resulting from the injury (including the relation between deceptive schemes and force) / (including the relation between deceptive schemes and force) / (including the relation between deceptive schemes and force) / [the scope of recommended punishment] 5 years to 8 years (general area] / In the case of an aggravated factor: In the case of several times of the same opportunity, or in the case of a crime against juveniles;

C. Application of the standards for handling multiple crimes: Imprisonment of 10 years to 30 years (the above crimes Nos. 1 and 2 are in a mutually competitive relationship, and the sentencing criteria of the Supreme Court Sentencing do not present a separate method for dealing with the mutually concurrent crimes. Therefore, the sentencing criteria cannot be applied as they are, since they do not present a separate method for dealing with the mutually concurrent crimes.

Since the lower limit of the applicable sentencing is higher than the lower limit of the recommended sentencing in the sentencing criteria for each of the above crimes, only the lower limit of the applicable sentencing range in law shall apply).

3. Determination of sentence: A normal defendant who is favorable to the 13-year imprisonment is 20-year old and has committed the instant crime by contingently. A disadvantageously undermining circumstances, the defendant has completed night-time self-learning and contributed to rape.

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