(영문) 서울고등법원 2014.04.10 2013노3784 | 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 2014.04.10 2013노3784

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

. Information on the Defendant.

Reasons

1. The court below's scope of trial in this case dismissed each of the charges of assault against C and D among the charges of this case, and sentenced guilty as to the remaining charges, and appealed only against the defendant as to the guilty part. Since the dismissal of prosecution is divided and decided differently from the limit of the appeal period, the scope of trial in this court's judgment is limited to the conviction part among the judgment below.

2. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

3. In light of the following: (a) the Defendant: (b) had a habitful harm to the students and residents of the FF team; (c) committed several offenses against young students; (d) the Defendant’s repeated indecent acts by compulsion led to the Defendant’s sexual identity and values; (b) the victim, a female juvenile, at the time of forming sexual identity and values, seems to have been suffering from considerable mental shock and pain; and (c) the Defendant again committed the instant crime during the period of repeated crimes even though he had been punished several times by assault and injury, even though he had been sentenced to suspended sentence due to rape and injury; and (d) the Defendant again committed the instant crime during the period of repeated crimes.

However, the Defendant appears to have committed all of the crimes in this case, and there are circumstances that can be considered in light of the circumstances, such as the victim’s mother who is the legal representative of the victim of the crime of indecent act by compulsion, and the victim’s side did not want to be punished against the Defendant. In addition, considering the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is somewhat unreasonable. Thus, the Defendant’s assertion is reasonable.

3. If so, the defendant's appeal is justified.

유사 판례

-부산지방법원 2013.04.19 2012노4003

-부산고등법원 2019.10.10 2019노349

-부산고등법원 2015.05.07 2015노130

-부산지방법원 2014.01.24 2013노3262

-광주고등법원 2014.10.02 2014노250