(영문) 부산고등법원 2017.03.22 2016노820 | 리걸엔진

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(영문) 부산고등법원 2017.03.22 2016노820

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no capacity to discern things or make decisions by drinking alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (four years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the defendant, prior to drinking alcohol with the victim, etc., "a small room is called "a person in a ward where air conditioners are emitted," and that the victim, at the time of committing the crime, told the victim to see "I see as I see as I see as I see as I see as I see as I see as I am."

In light of the Defendant’s motive and attitude before committing the instant crime, as well as the background and method of the instant crime, and the circumstances after committing the instant crime, the Defendant had no or weak ability to discern things or make decisions even if he was in the state of drinking at the time of the instant crime.

shall not be deemed to exist.

In addition, when a sexual crime identical to the instant crime is committed in the state of mental disorder caused by drinking alcohol, the Criminal Act (Articles 10(1) and 10(2) may not apply to mitigation of mental disorder (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Considering the method and content of the instant crime and other various unfavorable circumstances deemed in determining the following unfair sentencing, even if the Defendant had committed a state of mental and physical weakness at the time of committing the crime.

Even if it is not reasonable to reduce the punishment for the defendant on the ground of this, it is not reasonable.

Defendant’s assertion is without merit.

B. As to the wrongful assertion of sentencing, there is no record of the crime in addition to the punishment of a fine once for the crime of Lee Jong-sung in 2009, and there is no record of the crime in this case, and the mistake of the crime in this case is against depth.

However, the crime of this case was committed with the Defendant’s house and drinking together with his family members.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제20조

-형법

-형법 제10조 제1항

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