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(영문) 광주고등법원 2014.05.22 2014노106
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment below

Part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (the imprisonment of three years, the completion of a sexual assault program 120 hours) is too unreasonable.

Judgment

Basic crimes within the scope of recommendations according to sentencing guidelines: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [Determination of Punishment], general standards for crimes of rape (subject to the age of 13 or older), Type 2 [Special Rape] mitigated elements: Reduction of punishment [Scope of Recommendation]; Reduction range of imprisonment from three years to five years]; positive reasons for major participation [Prohibition of Execution]; positive reasons for general participation: Suspension of performance of official duties [Determination of Penalty]; Suspension of performance of special public duties; Death from special interference [including effort to take measures for recovery of damage]; 3 years of imprisonment; 4 years of imprisonment with prison labor or more; 5 years of imprisonment with prison labor or more; 4 years of imprisonment with prison labor or more; 5 years of imprisonment with prison labor or more; 5 years of imprisonment with prison labor or more; 4 years of imprisonment with prison labor or more; 5 years of imprisonment with prison labor or more; and 5 years of imprisonment with prison labor or more; 5 years of imprisonment with prison labor or more;

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