(영문) 대구고등법원 2017.02.03 2016노680 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2017.02.03 2016노680

강간치상

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

B. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

(c)

The court below's order the defendant to attach an electronic tracking device for a period of ten years is excessively harsh.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the fact that the defendant was under the influence of alcohol during the crime of this case is recognized.

However, in light of the fact that the Defendant stated by the police in a relatively detailed manner at the time of committing the crime, and other various circumstances such as the background of the crime and the Defendant’s attitude before and after the crime, the Defendant had the weak ability to discern things or make decisions under the influence of alcohol.

does not appear.

In addition, according to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, if a sexual crime is committed in the state of mental disorder caused by drinking, the court may not apply Article 10 of the Criminal Act on the reduction of

Therefore, this part of the defendant's assertion is rejected.

B. As to the wrongful assertion of sentencing, the Defendant was committed with the perception of committing the crime, against the mistake, and received a letter of suspicion by mutual agreement with the victim.

These circumstances are factors of sentencing favorable to the defendant.

However, the crime of this case is very heavy in light of the content of the crime and the degree of the victim, etc., since the defendant induceds the victim on the rooftop of the building to lock the entrance, rape and the victim suffered bodily injury in the process of the crime.

The victim suffered a great mental and physical pain due to the defendant's crime, and fear and a sense of sexual shame.

In particular,

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제20조

-형법 제10조

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