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(영문) 수원지방법원 안산지원 2017.01.13 2016고합305
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

Defendant

A 5 years of imprisonment with prison labor for the crimes of Articles 4 and 5(b) of the Decision, 2 years of imprisonment with prison labor for the crimes of Article 5(5) of the Decision.

Reasons

Punishment of the crime

[criminal record] On April 27, 2016, Defendant A was sentenced to a suspended sentence of two years on August 5, 2016, and the judgment became final and conclusive on May 5, 2016.

As above, the judgment became final and conclusive on May 5, 2016 (hereinafter referred to as “prior conviction”), and the Defendant was sentenced to two years and eight months of probation on June 23, 2016 to a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Suwon Friwon Friwon, etc., and the judgment became final and conclusive on July 1, 2016 (hereinafter referred to as “second prior conviction”). In such a case, the crime of criminal conviction was committed on November 4, 2014, prior to the date when the judgment becomes final and conclusive (as of May 5, 2016), prior to the date when the judgment becomes final and conclusive (as of November 5, 2014), and on March 17, 2016, and thus, the crime of criminal conviction was committed at the same time after the judgment was rendered, and there was no other crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding the crime of quasi-rape).

Therefore, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is ① the relation between the crime of a previous offense and the crime of a second offense after Article 37 of the Criminal Act, but the rest of each offense is not the relation between the crime of a previous offense and the crime of a second offense after Article 37 of the Criminal Act.

In response to this, the criminal records shall be stated only in ①, ② the criminal records shall not be stated separately.

Defendant

C On June 23, 2016, a person who violated the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) at the Suwon Faging Board was sentenced to imprisonment with labor for one year and two years of suspended execution, and the judgment became final and conclusive on July 1, 2016.

Defendant

D On November 17, 2016, as a crime of violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Suwon Friwon, the sentence of imprisonment with prison labor for one year and two years of suspended execution was finalized on November 25, 2016.

The prosecutor sentenced Defendant D to the charges of violation of the Punishment of Violences, etc. Act (joint injury) on February 4, 2015 and sentenced to two years of suspended execution on October 12, 2015.

“The Prosecutor described, however, on December 16, 2016.”

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