(영문) 광주고등법원 (전주) 2018.05.15 2018노6

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자간(%)

(영문) 광주고등법원 (전주) 2018.05.15 2018노6

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who was physically and mentally weak, was a person with disability of class 3 with brain dynasty, with symptoms of liver quality at the time of committing the instant crime, and had weak ability to discern the dead water or make decisions.

2) The sentence of the lower court’s unfair sentencing (seven years of imprisonment and 120 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, it is recognized that the defendant had shown symptoms of livering a day from June 2007, and was under medical treatment after being judged due to incurable and livering disorders.

However, in light of all the circumstances acknowledged by the above evidence, namely, the circumstances acknowledged by the Defendant: (a) the background and frequency of making a video call with the victim; (b) the time and time of the call; (c) the contents of the images given and received; (d) the process up to the scene of the crime; (c) the process up to the formation of a sexual relationship with the victim; (d) the frequency of having sexual intercourse with the victim; (e) the frequency of having sexual intercourse with the victim; and (e) the response of the victim at the time of sexual intercourse; and (e) even according to the statement made by the Defendant and the victim with the investigative agency, it is not deemed that the Defendant complained of the symptoms, such as light training or writing, at the time of the instant crime, does not seem to have reached a state where the Defendant lacks the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion

B. The instant crime of this case with regard to determining the illegality of sentencing is sexually abused by exchanging obscene images with the victim of 11 years of age who had the ability to determine the Defendant, but whose sexual identity and values have not yet been established.

유사 판례

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