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(영문) 인천지방법원 부천지원 2016.04.15 2015고합271
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Reasons

1. Where a conviction becomes final and conclusive with respect to a crime of violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Registration of Personal Information under Article 9-2(1)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against children and juveniles against the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant constitutes 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 thus, the obligation to submit personal information to a competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than seven years nor more than 45 years; and

2. Scope of recommended punishments based on the sentencing criteria: Imprisonment with prison labor for up to six years up to up to February 16 months.

(a) A victim who is vulnerable to minor injury [a person subject to special mitigation] committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [a person subject to recommendation and the scope of punishment], where the result of bodily injury occurs in relation to a sex offense, he/she shall be either older than 13 years of age or bodily injury * (including rape (including rape between deceptive schemes and force), / Juvenile similar rape (including the relation between deceptive schemes and force), 5 years to 8 years of imprisonment) basic area (including the relation between deceptive schemes and force), or minor injury (a person subject to special mitigation];

(b) A victim who is vulnerable to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of the area of recommendation and the scope of the punishment for recommendations] of the general criteria for the crime of rape of Type 2 (Rape of 13 years or more) (Rape/Special Rape, such as Rape by Relatives, Intrusion into Residence, etc. by Relatives) in the aggravated area ( punished by imprisonment of 6 years or 9 years) (special aggravated persons] of the Act;

C. Type 2 (Indecent Act on the Protection of Children and Juveniles from Sexual Abuse / (Indecent Act/Special Indecent Act, such as Forceful Act/Indecent Act/Indecent Act by Relatives) is vulnerable to the crime of the type / [Special Indecent Act/Special Indecent Act/Indecent Act, etc. by Relatives] of Article 2 (Indecent Act/Indecent Act/Indecent Act, etc. by Relatives] of the Act on the Protection of Children and Juveniles from Sexual Abuse - Indecent Act on the Protection of Juveniles from Sexual Abuse (the determination of the area of recommendations and the scope of punishment for recommendations). 2/3 of the minimum penalty.

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