(영문) 대구고등법원 2016.09.22 2016노388 | 리걸엔진

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(영문) 대구고등법원 2016.09.22 2016노388

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a long-term of two years and short-term of one year and six months) imposed on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) Since the Defendant’s part of the case where the attachment order is requested is likely to recommit a crime, the attachment order request should be accepted.

2. Determination

A. As to the wrongful assertion of sentencing by the defendant and the prosecutor, the crime of this case was committed by the defendant, who is merely 12 years of age, and committed an indecent act on the victim's chests several occasions, and the crime was very heavy.

The victim seems to have suffered significant mental impulse and pain due to the crime of this case.

The defendant is not well aware of the period of repeated crime, and it is inevitable to severely punish the crime of this case.

On the other hand, the defendant is committing a crime in the first instance and is against the wrongness.

Defendant

In the court below, the victim paid a certain amount of money to the victim, and the victim did not want to be punished.

The defendant has no record of sexual assault and has a parent and sibling as a juvenile under 18 years of age, and such social relationship is clear.

It is necessary to consider equity in the case of the judgment at the same time with special larceny, etc. as the judgment of the court below.

In full view of all circumstances, including these circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is determined to be within the appropriate range of sentence corresponding to the responsibility, and the sentence is too heavy or unreasonable.

Therefore, this part of the argument by the defendant and the prosecutor cannot be accepted.

(b) As to the part for which the attachment order is requested, specification of the law.

유사 판례

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