(영문) 부산고등법원 2014.04.24 2014노63 | 리걸엔진

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(영문) 부산고등법원 2014.04.24 2014노63

성폭력범죄의처벌등에관한특례법위반(특수준강제추행)등

Text

1. The part against Defendant C in the judgment of the first instance court shall be reversed.

Defendant

C A person shall be punished by imprisonment for two years.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the first instance court on the Defendants (Defendant A: 3 years of suspended sentence of imprisonment for 2 years; 120 hours for community service; 80 hours for taking sexual assault treatment courses; 4 SHV-E300K 1 in the seized Samsung Galthol 300: Imprisonment for a short term of 2 years; 2 years and 2 years; 80 hours for completing sexual assault treatment programs; 2 years and 80 hours for completing the seized Samsung Galthol 1 in the seized Samsung Galthol 300, each of them is unfair.

B. In light of the various sentencing conditions in the instant case, the sentence sentenced by the first instance court to Defendant A is too uneasible and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing on Defendant A and the prosecutor’s assertion of unfair sentencing against Defendant A (hereinafter “Defendant”) is an element of sentencing unfavorable to the Defendant A (hereinafter “Defendant”), the nature of the crime is poor in that the Defendant committed the indecent act by compulsion against the victim, and taken the victim’s body against the victim’s will. Unlike the victim’s intent in the process of the Defendant’s attempt to agree, it appears that the victim’s mental suffering and suffering from the crime of this case, including where the victim’s family members are aware of the fact of the crime.

On the other hand, the sentencing factors favorable to the defendant are that the defendant made confession of all the facts of the crime of this case, and his mistake is divided in depth, and the defendant has yet to be a juvenile of 18 years of age, and the defendant has no specific criminal record except for the suspension of indictment and suspension of guidance, one time before the crime of larceny, and deposited a considerable amount for the recovery of the victim's damage, and the defendant has not committed a direct indecent act or rape against the victim in the course of the crime of this case.

The above factors of sentencing and the motive and background of the instant crime, character, conduct and environment of the Defendant.

유사 판례

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-서울서부지방법원 2015.04.29 2015고단505