logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.20 2014노825
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) The lower court and the respondent for an attachment order (hereinafter “Defendant”)

2) There are special circumstances to exempt the accused from the disclosure notification order. The sentence imposed to the accused is too unreasonable.

B. Prosecutor 1) The Defendant’s sentence imposed by the lower court on the Defendant case is too unfilled and unreasonable. 2) Even though the Defendant’s risk of recidivism in the attachment order case, the lower court dismissed the Defendant’s request for the attachment order of this case due to misconception

2. Determination

A. The crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant puts the Defendant’s fingers into the sexual organ of a female child of 11 years old who lives in the next house; (b) the Defendant committed an indecent act against the victim, who was subject to the Defendant, in his usual book, in a lusent state on his own, by committing an indecent act against him at his own expense; (c) the nature and circumstances of the crime of this case are serious; and (d) the victim, who has yet to have yet to have been properly established, seems to have suffered mental shock that is difficult for him to cope with the crime of this case.

The circumstances are favorable to the defendant, such as the fact that the defendant recognizes all of his criminal acts and reflects the wrong, that the defendant has no record of being punished heavier than the same power or fine, that the defendant does not want the punishment of the defendant, that the victim does not want the punishment, and that there are family members to support the defendant.

In the above point, comprehensively considering the Defendant’s age, character and conduct, family environment, motive and background leading to the instant crime, circumstances before and after the instant crime, etc., and the sentencing guidelines of the Supreme Court and the recommended sentence range of the sentencing guidelines of the Supreme Court, the lower court’s punishment is not deemed to be too weak or unreasonable.

Therefore, the defendant and the prosecutor's above assertion.

arrow