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(영문) 대구지방법원 2016.10.07 2016고합171
미성년자의제강간등
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

A. In full view of all the circumstances, including the fact that the Defendant’s act of preventing recidivism and protecting children and juveniles from sexual assault crimes can be seen as having an effect, there is a special circumstance that the Defendant’s personal information shall not be disclosed or notified.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

Reasons for sentencing

1. Two years to thirty-four years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

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

(a) Basic crime-Offense-Offense of Similar Rape of a Minor (Determination of Punishment) (Offense of Sexual Rape) that is subject to the age of less than 13, and there is no person who is a special person [the scope of decision and recommendation in the recommendation field] basic area: Imprisonment with prison labor for a year and eight months to three years and four months; the minimum sentence and the upper limit of punishment shall be reduced to two-thirds, respectively;

(b) The basic area that does not include types 1 (general intimidation) (a person who is a special person) (a person subject to recommendation and the scope of a recommendation): Imprisonment with prison labor for a period of two months to one year;

(c) At least one year and eight months of imprisonment with prison labor within the scope of recommended punishment after applying the standards for handling multiple crimes (as each of the above crimes for which the sentencing criteria are set and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials, etc.) for which no sentencing criteria are set are set are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit shall be set according to the lower limit

(e) Imprisonment with labor for not less than two years within the scope of the revised final recommendation [the lowest limit of the applicable sentencing in law shall govern, since the scope of the sentence recommended by the sentencing guidelines is inconsistent with the scope of the applicable sentencing range in law];

3. The defendant who has rendered a sentence of sentence is a victim who is only twelve years of age, internet.

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