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(영문) 서울서부지방법원 2018.02.01 2017고합395
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

(c)Paragraph 4.

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sex offense, and the defendant is deemed to have an effect of preventing re-offending even if he/she was given protection, observation, attending lectures, and registration of personal information, and there are other special circumstances that should not disclose or notify the defendant's personal information in full view of all the circumstances, such as the profits and preventive effects expected from an order to disclose or notify information, disadvantage and side effects resulting therefrom, etc.

Reasons for sentencing

1. Imprisonment with prison labor for a period of two years and six months from the date on which the punishment is imposed by law to June 22;

2. Application of the sentencing guidelines [the types] general criteria for sex offenses: Two types of the crimes of rape (Rape/special rapes, such as rape/residential intrusion, etc. by blood relatives] [the person subject to special sentencing] mitigated elements: In the mitigated area of punishment [the scope of the recommended punishment] [the scope of the recommended punishment] three to five years] mitigated areas of punishment [the scope of the recommended punishment] 3 to June 5] * the scope of the recommended punishment in accordance with the standards for handling multiple crimes: Three to eight years;

3. Although the Defendant, who was sentenced to sentence, had had the record of being punished by a fine of 5 million won by intimidation by taking advantage of a dynamic image which taken a sexual intercourse with a juvenile under 13 years of age after having sexual intercourses with a juvenile under 13, the Defendant committed the crime of this case similar thereto, and the crime is more poor by coercioning the act of similarity contrary to the victim’s intent.

However, under the favorable circumstances, the defendant recognized his mistake and reflects, while giving 8 million won to the victim, the victim does not want the punishment of the defendant by mutual consent, and other factors of sentencing, such as the defendant's age, health, sex, sex, family relationship, circumstances before and after the crime, etc., shall be determined as ordered by taking into account all the factors of sentencing.

Where a conviction is finalized against a crime that shall be registered and submitted with personal information, the accused shall be punished for sexual crimes.

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