(영문) 서울고등법원 2012.12.13 2012노3343 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2012.12.13 2012노3343

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

B. The sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of the Defendant case (1) of this case, it is difficult to deem that the Defendant was under drinking at the time of each of the instant crimes. However, even in such a case, it does not seem that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol in light of the circumstance of the crime, the content of the crime, the Defendant’s behavior and attitude expressed before and after the crime, etc.

Therefore, the defendant's argument of mental disability is without merit.

(2) There is no circumstance to consider the Defendant’s assertion of unfair sentencing as to the assertion of unfair sentencing, including the confession of all the instant crimes and the fact that there is no record of punishment for sexual crimes, the agreement with the victim, and the victim’s mother as well as the Defendant’s repeated desire to commit the instant crime. However, the instant crime is committed by the Defendant’s relative and the victim, who is only 11 years old at the time of the first crime, is about 14 times repeatedly indecent acts and attempted to rape for four years, and the victim was committed by her relative and her child, and the crime is not only a human crime committed by the Defendant, who has to raise and protect the victim, against her child, and the frequency and method of the instant crime. In light of the frequency of and method for the instant crime, not only the Defendant committed the instant crime, but also the victim appears to have suffered irrecoverable mental pain, but also it seems reasonable to have been affected by the victim’s suicide in the future, and most of the indecent acts are not insignificant.

유사 판례

-광주고등법원 (제주) 2013.04.24 2013노9

-서울고등법원 (춘천) 2016.11.16 2016노138

-서울고등법원 2015.09.23 2015노1888

-서울고등법원 2012.12.13 2012노3319

-서울고등법원 2012.12.21 2012노3108