beta
(영문) 서울고등법원 2015.01.22 2014노3479

성폭력범죄의처벌등에관한특례법위반등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant and Defendant 1 guilty of all the charges of this case on the following grounds: (a) there was an error of misunderstanding of facts regarding the attempted indecent act by force against the victim D (the age nine) and the person who requested the attachment order (hereinafter “Defendant”) did not intend to keep the victim D’s negative part.

B) As to the indecent act by force against the victim E, the Defendant only saw the victim E’s buckbbbbbbbbbbbbs, and there was no fact that there was any indecent act on the part of the victim F.C., with respect to the indecent act against the victim F., the victim F was flicking the Defendant’s buck, and the Defendant f was flicked on the earth, and the Defendant was flicked with the Defendant’s f.

2) At the time of each of the instant crimes, the Defendant alleged mental or physical disorder had weak ability to discern things or make decisions due to intellectual disorder at the time of the instant crimes. 3) Punishment (one year and six months of imprisonment) sentenced by the lower court on the assertion of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination on the part of the defendant's case

A. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the determination of ex officio.

The lower court found all of the facts charged in the instant case guilty, and applied Articles 15 and 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and Article 298 of the Criminal Act to the attempted indecent act by compulsion. On the other hand, the lower court selected a statutory penalty among the statutory punishments of each of the above crimes, and sentenced the Defendant to aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is the largest punishment (a minor under thirteen years of age), and sentenced the Defendant

However, this case’s attempted indecent act applies to the crime.