(영문) 광주고등법원 (제주) 2015.04.29 2015노5

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자간(%)

(영문) 광주고등법원 (제주) 2015.04.29 2015노5

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court’s sentence of unreasonable sentencing (one year of imprisonment, 80 hours of sexual assault treatment program) is too unreasonable. (2) At the time of committing a crime of mental illness, he was under the influence of alcohol and was in a state of mental disorder.

B. The lower court’s sentence is too uneased and unreasonable.

2. Determination

A. As to this part of the defendant's assertion of mental disability, the court below held that the defendant's assertion of mental disability in this case is not likely to have reached a weak level of ability or decision-making ability to discern things, but the application of Article 10 of the Criminal Act, which is a provision of mental disorder caused by drinking pursuant to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, is not acceptable, since the judgment of the court below as above is acceptable, this part of the defendant's assertion is not accepted.

B. The circumstances favorable to the Defendant are that the Defendant’s judgment on the assertion of unfair sentencing is against the crime, and that the Defendant appears to have committed each of the instant crimes in a somewhat contingent manner under the influence of alcohol at the time of the instant case.

However, each of the crimes of this case is a situation unfavorable to the defendant, where the defendant invadedd the victim's residence and forced the victims to commit an indecent act, and the nature of the crime is heavy, and the mental shock of the victims seems to be considerable.

In full view of the aforementioned circumstances and other factors, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and the sentencing guidelines, etc., the sentence imposed by the lower court is deemed appropriate, and it is not determined that the sentence imposed by the Defendant is too heavy or too unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제20조

-형법 제10조

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