(영문) 서울고등법원 2017.05.23 2017노917 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2017.05.23 2017노917

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal is too unreasonable because the punishment (4 years of imprisonment, etc.) imposed on the defendant is too unreasonable.

Judgment

The fact that there is no criminal punishment against the defendant for the determination of the defendant's assertion, that the defendant recognizes all crimes and reflects his/her mistake in depth, that the state of health should support an unsound wife, and that it would be difficult to approach the victims due to the loss of the defendant's parental authority and that it would be difficult to care for the victims in the future.

On the other hand, each of the crimes of this case committed several times by the defendant, who is responsible for fostering and protecting the victims who are 8-9 years of age by force, so that they can grow physically and mentally, commits an indecent act against the victims who are 8-9 years of age by making their chest quickly grow, and by taking advantage of the victim D when she was committed, the crime is very serious, and the victims were likely to have suffered from an irrecoverable mental suffering due to each of the crimes of this case. Although the defense counsel submitted a letter to the victims to the effect that they would make the victims use of the defendant at the court below stage, according to the written opinion submitted by the victim, the defendant cannot be seen as having received a genuine use from the victims.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentencing guidelines according to the Supreme Court’s sentencing guidelines established by the Criminal Procedure Committee, the court below did not determine that the Defendant’s sentence against the Defendant is unreasonable.

Therefore, the defendant's assertion is without merit.

The defendant is the defendant to decide ex officio on the period of registering personal information.

유사 판례

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