(영문) 광주고등법원 2013.04.18 2013노31 | 리걸엔진

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(영문) 광주고등법원 2013.04.18 2013노31

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) (hereinafter “Defendant”) suffered from mental disorder and physical disability under the influence of alcohol at the time of committing the instant crime, but the lower court erred by misapprehending it.

(2) The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable.

B. The prosecutor (1) the sentence imposed by the court below on the defendant is too uneasible and unfair.

(2) The period of the attachment order (six years) ordered by the court below is too short and unreasonable in light of the defendant's risk of recidivism, the victim's age, and the defendant's like records.

2. Determination

A. According to the evidence on the Defendant’s mental and physical argument, even though the fact that the Defendant was a drinking state at the time of the instant crime, was recognized, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, in light of the following: (a) the background leading up to the crime; (b) the means and method of the crime; (c) the Defendant’s behavior before and after the crime; and (d) the witness’s behavior before and after the crime committed the

Since it seems that this part of the defendant's assertion is in a state or weak condition, it is not accepted.

B. The crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is an indecent act by force by the Defendant on the part of the victim, who is a child of 10 years of age, thereby committing an indecent act against the victim by viewing the victim’s sexual organ, and the Defendant, on April 21, 2006, committed the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (rape against the disabled) in the Gwangju District Court’s net support on April 21, 2006, and again committed the crime of this case against the Defendant.

On the other hand, the defendant recognized all of the crimes of this case and erred.

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

유사 판례

-서울고등법원 (춘천) 2013.12.04 2013노188

-대구고등법원 2014.04.03 2014노32

-서울고등법원 2014.07.01 2014노473

-광주고등법원 2013.07.04 2013노199

-광주고등법원 2013.07.18 2013노229