(영문) 대구고등법원 2016.08.11 2016노213 | 리걸엔진

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(영문) 대구고등법원 2016.08.11 2016노213

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant and the requester for an attachment order and the respondent for an attachment order (hereinafter “Defendant”) had the ability to discern things or make decisions due to mental disorder, depression, and alcohol dependence.

B. The sentence sentenced by the court below to the defendant (15 years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, it is recognized that the defendant had a drinking condition at the time of the crime of this case, but there was any error in the defendant's speech and behavior at that time.

The Defendant did not appear to have made a detailed statement at an investigative agency on the background leading to the instant crime and the situation before and after the instant crime, and the private road of the Public Medical Care and Custody Center’s Appraisal was the mental and physical loss or mental weak condition at the time of the instant crime.

In full view of the facts and other circumstances revealed in the record, the Defendant had the ability to discern things or make decisions due to the mental fission, depression, and alcohol dependence at the time of committing the instant crime.

does not appear.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the wrongful assertion of sentencing, the Defendant made a confession of the instant crime, and reflects the mistake, and the degree of injury suffered by the victim is not obvious.

However, in the process of rape by threatening the victim who is a maternal mother, the defendant suffered bodily injury in need of approximately two weeks of medical treatment.

The victim married with the father of the defendant 32 years prior to the elementary time of the defendant's elementary school, and the defendant committed an anti-humane crime against the victim who was called "humma" in ordinary sense. Thus, the crime of this case is very serious crime.

The victim is not able to cope with the criminal act of the defendant, which is a ushel of the victim.

유사 판례

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