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(영문) 서울서부지방법원 2017.05.11 2017고합29
유사강간등
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. The risk of repeating a crime is high in light of the following: (a) proviso of Article 49(1) and the proviso of Article 50(1) of the Act (the Defendant has no criminal record for the same kind of crime; (b) relationship with the victim; (c) details of the crime; and (d) 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. Imprisonment with prison labor for a period of up to 1 year from June 18; and

2. Application of the sentencing criteria;

(a) Similar criteria for rape [Determination of the type of rape] Type 1 (Special Rape) (Special Rape) (Special Sentencing Person): mitigated area of punishment [Determination of the recommended area] mitigated area of punishment [Determination of the recommended area] 1 year to 2 years : adult similar rape : adultly similar rape

(b) Type 2 (Bodily Injury resulting from Violence) (Special Sentencing) mitigated element: In the area of special mitigation [Determination on the recommended area] of minor injury and punishment [Scope of recommended punishment] from January to June 1.

(c) Imprisonment with labor for a range of punishment recommended according to the standards for handling multiple crimes: one year to two years.

3. The decision-making victim seems to have suffered a considerable mental suffering due to the instant crime.

However, the defendant gave 18 million won to the victim and agreed to do so, and the victim is not punished.

The Defendant made a confession and reflect all of the crimes of this case, and does not have the same criminal record.

In such circumstances, various sentencing conditions recorded in the records, such as the defendant's age, sex, relationship with the victim, background of the crime, and circumstances after the crime, shall be considered, and the punishment as ordered shall be determined.

With regard to the registration of personal information and the crime of rape in the ruling.

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