logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.09.20 2018고합338
강도강간미수등
Text

A defendant shall be punished by imprisonment for six years.

For a person who has requested an attachment order, an electronic tracking device shall be attached for a period of ten years.

Reasons

A. In addition, the Defendant’s order to complete a sexual assault treatment program is not concurrently imposed on the following grounds: (a) an order to observe specific criminal offenders and to attach a location tracking device under the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc.; and (b) an order to complete a program under Article 9(1)1, main sentence of Article 9(2), Article 5(4)1, Article 9-2(1)3, and Article 9-2(1)4 of the Act on the Electronic Monitoring, Etc.; and (c) an order to complete a sexual assault treatment program is issued to the Defendant as a result of the order to complete the program.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for a period of five years to twenty-two years;

2. Scope of recommended punishments for the sentencing criteria: Imprisonment for not less than five years.

A. Class 1 (Robbery) (Scope of Recommendation) basic area (two to four years) (special sentencing factors) of Category 1 (General Robbery): None of the General Criteria

(b) Second offense (the scope of punishment recommended) [the thief] mitigated area for general property (eight months to one year and six months): The scope of final sentence according to the number of concurrent crimes: Imprisonment for at least two years (the crime of robbery for which the sentencing guidelines are set and the crime of robbery and robbery for which the sentencing guidelines are set and the crime of robbery and robbery for which the sentencing guidelines are not set are related to concurrent crimes under the former part of Article 37 of the Criminal Act, so only the lower limit of the sentencing range recommended in the sentencing guidelines shall be observed). The scope of revised sentencing guidelines shall be five years (the lower limit of the sentencing range recommended in the sentencing guidelines is lower than the statutory applicable sentencing range, and thus the lower limit of the applicable sentencing range is lower than the statutory applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six years, the period of attachment to a defendant pursuant to Article 9 (1) 1 and 2 of the Act on the Protection and Observation of Specific Criminal Offenders, and the main sentence of Article 9 (2) of the Act on the Electronic Monitoring, etc. of Electronic Monitoring, Etc., shall be between 10 and 45 years, and the minimum period of attachment shall be set in consideration of various circumstances, such as the main sentence;

The following shall be favorable or unfavorable to the defendant:

arrow