(영문) 대구고등법원 2014.08.21 2014노295 | 리걸엔진

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(영문) 대구고등법원 2014.08.21 2014노295

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

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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.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”)

(2) At the time of each of the instant crimes, the lower court did not have the ability to discern things or make decisions due to the increase of dementia and dementia. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) The part of the Defendant’s case (e.g., the lower court’s punishment is too unfilled and unreasonable. 2) The part of the Defendant’s case seeking an attachment order is likely to recommit a sexual crime against a person under the age of 19, who committed a sexual crime.

Nevertheless, the lower court dismissed the request for the attachment order of this case. In so doing, the lower court erred by misapprehending the legal doctrine as to the risk of recidivism or by misapprehending the risk of recidivism.

2. Determination

A. As to the part on the defendant's case, considering the circumstances leading up to each of the crimes in this case, the behavior and health status of the defendant at the time of the crime, and the defendant's statement attitude in the trial court, which can be revealed by the evidence duly adopted and examined by the court below, the defendant does not seem to have been in the state of lacking the ability to discern things or make decisions due to old age, dementia, etc. at the time of each of the crimes in this case. Therefore, the defendant's assertion on this part is without merit. 2) Each of the crimes in this case against the defendant's and prosecutor's unreasonable sentencing argument is intended to commit an indecent act or indecent act by force three times against the victim who is intellectually disabled as his/her own female, and the crime in this case is committed, and is related to the attempted crime, and in light of the background and method of the crime, the relationship with the victim, the victim's intent to punish the defendant

However, the defendant has no record of being punished prior to the crime of this case.

유사 판례

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