logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.28 2015노3266
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the sentence (five years of imprisonment) sentenced by the court below is too unreasonable.

Judgment

There are favorable circumstances for the defendant, such as the confession of each of the crimes in this case and reflects his mistake, and the robbery in this case is committed by the attempted crime, and there is no criminal conviction for the defendant, and there is no criminal conviction for sexual assault.

However, the crime of this case is committed in the doping that the defendant sought room with the victim of the real estate as well as the victim of the studio as an individual in the support of the real estate, while holding the excessive possession of a deadly weapon in the studio, and forcedly commit an indecent act by holding the victim with a deadly weapon, and spread the photograph after taking the indecent act as a cell phone.

The crime of this case was planned, such as threatening the victim to deposit money, which is very poor in the nature of the crime, the defendant prepared to prepare excessive and packing tapes for the crime of this case, and the victim was under big sexual humiliation and mental suffering due to the crime of this case, such as leaving his workplace after the damage of this case and receiving mental treatment.

Considering the overall factors of sentencing, such as the Defendant’s age, environment, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., which are disadvantageous to the Defendant, such as the fact that the victim wanted to punish the Defendant, it does not seem that the lower court’s punishment is too unreasonable because it is too large.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

arrow