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(영문) 광주지방법원 순천지원 2020.02.18 2019고합164
미성년자의제강간등
Text

The request for probation order of this case is dismissed.

Reasons

1. A person who has committed a sexual crime as stated in the separate facts constituting an offense and is likely to recommit a sexual crime;

2. Article 21-8 and Article 9(4) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders provide that the request for probation order shall be dismissed in cases where suspension of execution, suspension of sentence or fine is sentenced, not guilty, not guilty, or a judgment or decision of dismissal of prosecution is rendered.

In addition, Article 21-5 of the Act provides that probation orders shall be executed on the date when the execution of probation orders is terminated or exempted or released, or on the date when the execution of medical treatment and custody is terminated or terminated.

In light of the contents of these regulations, it is reasonable to view that probation orders can only be sentenced to imprisonment with prison labor for specific crime cases in principle, and that probation orders cannot be sentenced in case of a decision to transfer them to the Juvenile Department.

This court rendered a ruling to transfer the specific crime case to the Juvenile Department of the Gwangju Family Court on February 18, 2020 after combining the specific crime case against the person subject to the request to attach an attachment order with the specific crime case, 2019Gohap164 and 175, which is a minor's deemed rape, etc., which is a specific crime case against the person subject to the request to attach an attachment order. Thus,

3. In conclusion, the request for the probation order of this case is dismissed pursuant to Articles 21-8 and 9(4)1 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.

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