(영문) 대구고등법원 2015.05.21 2014노721 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구고등법원 2015.05.21 2014노721

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (hereinafter “Defendant”)

A) At the time of the instant crime, under the influence of alcohol, there was a lack of the ability to discern things or make decisions. (2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

3. The part concerning the attachment order of an electronic device for five years imposed by the court below on the defendant is excessively harsh to the defendant.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record as to the defendant's mental suffering claim, the defendant seems to have been in a drunken state at the time of the crime of this case.

However, considering the process of the instant crime and the Defendant’s attitude before and after the instant crime, which can be known by the evidence duly adopted and examined by the lower court, it does not appear that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's argument on this part is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime appears to have been reasonable in light of the period and method during which the Defendant committed the instant crime, and the victim’s age, etc., on the grounds that the Defendant committed an indecent act by force against female juveniles within city buses over about 20 minutes.

In particular, the Defendant committed the instant crime during the period of repeated crime without being aware of three times or more having been punished for sexual crimes in the past.

The defendant did not receive a written application from the victim, and the victim is punished for the defendant.

On the other hand, there are circumstances in which the defendant can be considered as positive factors for sentencing as follows.

. A victim.

유사 판례

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