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(영문) 서울서부지방법원 2017.03.23 2016고합423
준유사강간
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

A. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse, 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 (a) are highly likely to repeat crimes in light of the following: (i) the Defendant has no previous conviction; (ii) the background of the crime; and (iii) the circumstances after the crime

It is difficult to see that the defendant's personal information is registered and the order to take lectures in treating sexual assault is also effective to prevent recidivism. In addition, in full view of other circumstances such as the profits and preventive effects expected from the disclosure and notification order, disadvantages and side effects resulting therefrom, the reason for sentencing is that the disclosure or notification of the defendant's personal information should not be disclosed or notified.

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing guidelines [the types] The general criteria for sex offenses: The first type (special rape) (special sentencing factors) of the type (special rape) of the crime of rape (the persons subject to at least 13 years of age): the area of mitigation of punishment [the scope of recommendation] the area of mitigation of punishment [the scope of recommendation] one year to two years] the area of mitigation of punishment. The adult similar rape*

3. Determination of sentence: Imprisonment with prison labor for one year and suspended execution for two years; the victim is deemed to have suffered a considerable mental pain and sense of shame due to the crime in this case, and the defendant's responsibility is not less severe;

However, the defendant led to the confession of the crime of this case and reflects himself, and there is no previous conviction.

In the investigation stage, the victim expressed his/her intention that he/she does not want to punish the defendant.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions indicated in the records, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information under 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 the same

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