(영문) 부산고등법원 2014.09.25 2014노488 | 리걸엔진

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(영문) 부산고등법원 2014.09.25 2014노488

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of three years, the completion of the sexual assault treatment program 40 hours, and the order of disclosure notification 5 years) declared by the court below is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant shows the appearance of the defendant to reflect his mistake; (b) the defendant has no history of criminal punishment for a sex offense prior to the crime of this case; and (c) the defendant also has intellectual disability 3; and (d) the mother expresses the defendant's patriotism and interest to the defendant; and (c) the defendant appeals against the defendant's wife.

However, the crime of this case was committed by the defendant with similar rape, and the victim seems to have suffered a considerable sexual humiliation and mental suffering due to the crime of this case, however, there is no agreement with the victim or any particular measure to recover from damage until the trial. The defendant has been sentenced to imprisonment with prison labor and a suspended execution on several occasions as a result of larceny, and there are many circumstances unfavorable to the defendant, including the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was in the period of repeated crime, and again committed the crime of this case.

As above, all of the sentencing conditions, such as the relationship between the defendant and the victim, age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., in addition to the favorable or unfavorable circumstances of the defendant. Considering the fact that the court below, taking full account of the favorable circumstances of the defendant as above, it cannot be deemed that the sentence imposed on the defendant is too heavy, and therefore, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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