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(영문) 서울서부지방법원 2017.04.20 2017고합55
준유사강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

(b) the main sentence of Article 16 (2), and Article 16 (4);

1. The grounds for sentencing on the punishment of a criminal defendant's personal information, in full view of all the circumstances, such as the benefits expected by an order to disclose or notify the personal information and the effect of preventing recidivism, and the disadvantages and side effects that may be expected by such order, taking into account the following: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to register and observe the personal information of the criminal defendant and to take lectures in treatment of sexual assault)

1. Two years to thirty 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. The decision-making victim of the sentence is likely to commit the instant crime by using the victim’s personal trust relationship, despite the fact that the Defendant was aware that the Defendant was a woman with the past female father (the Defendant was a her mother), and there is a high possibility of criticism.

In addition, despite the fact that the Defendant was aware of the victim's abortion two weeks prior to the crime of this case, it is necessary to strictly punish the crime of this case [the investigative report (the message given and received by the reporter)] and the Defendant.

However, the defendant has made a full confession of and reflect on his crime.

In addition, five million won is given to one victim and the victim has not been punished.

In light of the above circumstances, various sentencing conditions indicated in the records, such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is imposed as ordered.

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