(영문) 서울고등법원 2020.01.30 2019노2283 | 리걸엔진

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(영문) 서울고등법원 2020.01.30 2019노2283

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The main sentence of the grounds for appeal is too unreasonable.

2. The crime of this case was committed by the Defendant for the purpose of sexual intercourse, who is a intellectual disabled person and a child or juvenile under the age of 17, and was kidnapped by the Defendant for the purpose of sexual intercourse, and was out of and out of the clothes of the victim in the uniform, and the nature of the crime is not good. Although rape was committed, the Defendant committed an attempted rape, the Defendant committed an attempted rape, but in the process, committed a crime of similar rape in which the victim's fingers were collected from the part of the victim, and the Defendant was confirmed within the part of the victim at the time (However, it seems that the Defendant was not prosecuted for the crime of rape in accordance with the opinion of the doctor in charge of natural therapy, which is possible). Considering that the crime of this case is likely to inflict considerable mental suffering and pain on the victim, interview with the victim of this case under the Act on the Acceptance of Crimes against the victim vulnerable to the crime, strict punishment against the Defendant is inevitable.

However, in light of the defendant's recognition of the crime of this case and his mistake, the rape crime of this case is committed in violation of the crime of this case, the defendant is punished in excess of the same criminal record or fine, the defendant's agreement with the injured party was reached in the trial and the injured party does not want the punishment of the defendant, the defendant has the disability due to the real name of the opposite party and must support his family, and other factors such as the defendant's age, character, character and environment, motive, means, means and result of the crime of this case, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court, the above argument of the defendant is too unreasonable. Thus, the above argument of the defendant is justified.

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

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