(영문) 서울고등법원 2015.12.10 2015노2439 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.12.10 2015노2439

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles have committed indecent acts after the Defendant committed an indecent act by using drugs after causing the victim to be unable to resist. Thus, the legal principles of quasi-indecent act by compulsion should be applied rather than applying. Nevertheless, the lower court determined that the instant crime constituted “quasi-indecent act” against a minor under the age of 13. Thus, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the sentence imposed by the lower court against the Defendant is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The crime of quasi-indecent act under the premise of judgment is established when the victim committed an indecent act by taking advantage of the victim’s condition where the victim had already been unable to resist or resist. As such, in a case where the perpetrator assaulted the victim, thereby causing the victim to be unable to resist, the crime of quasi-indecent act should be deemed to be established instead

In addition, violence in the crime of indecent act by compulsion includes not only cases of exercising a direct force on the body of the victim, but also cases of making it impossible to resist the victim by using drugs, etc.

B. According to the evidence duly admitted and examined by the court below, the defendant, around 15:00 on April 10, 2015, committed an indecent act against the victim, on the part of the victim (the victim 11 years of age), such as having him/her drink a person who was exempted from water. When the victim lost his/her mind due to the exemption from water and was unable to resist, the defendant committed an indecent act against the victim, such as having him/her talk with his/her chest.

In light of the legal principles as seen earlier, such facts are examined.

유사 판례

-서울고등법원 2015.12.10. 선고 2015노2439 판결

-서울서부지방법원 2015.08.12 2015고합37

-대구지방법원 2020.11.20 2020노870

-부산지방법원 2019.03.29 2019노117

-서울고등법원 2015.03.26 2014노3344