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(영문) 의정부지방법원 2016.05.25 2016고합133
감금등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

. The fact that it appears not to have existed is an unfavorable circumstance to the Defendant.

However, the fact that the defendant fully acknowledges and reflects each of the crimes, that does not seem to have serious injury to the victim due to the crime of indecent conduct in this case, that there are circumstances that may be considered in the circumstances of each of the crimes in this case, that the victim does not want the punishment of the defendant by agreement with the victim, that the victim appears to have been in the continuous relationship between the defendant and the victim, and that there is no record of criminal punishment if it is excluded from punishment one time by fine due to other crimes than the same kind of crime.

In addition to these circumstances, all of the sentencing conditions shown in the records of this case, including the motive, means, and result of each of the instant crimes, the circumstances after each of the instant crimes, the age, environment, and sexual conduct, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court (two years to four years);

1. Crimes of indecent acts by force: At least 13 years of age, where the result of a sex crime group, injury or injury occurs, type 1 (general indecent acts by force), special mitigation area (special mitigation person: minor injury or punishment not to be imposed), two years and six months of imprisonment (revision by the lower limit of punishment by law), or four years of age;

2. The crime of confinement: The scope of recommended punishment according to the criteria for the treatment of multiple crimes: the group of abuse offenses of arrest, arrest, confinement, general criteria, type 1 (generally mitigated arrest, confinement, mitigation area (specially mitigated person), imprisonment from January to August 1, 200, and the criteria for the suspension of execution of imprisonment from June to April, and the criteria for the suspension of execution (affirmative grounds: non-compliance of punishment) shall be comprehensively taken into account. It is so decided as per Disposition.

2. If a judgment of conviction becomes final and conclusive on the facts constituting a crime under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant shall be a person subject to registration of personal information under the main sentence of Article 42 (1) of the same Act, and shall submit personal information to the competent agency pursuant to Article 43

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