logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.17 2015노33
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case is an indecent act committed by the defendant with a mental disability as his father’s father’s father’s father’s father by force, and thus, the crime is bad in quality, the degree of indecent act is not weak, and the victim wants to punish the defendant, and is disadvantageous to the defendant.

The circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes of this case and reflects the mistake, that the defendant has no criminal record for the same kind of crime, and that the defendant must support his family including his wife with mental disorder.

In full view of the above points and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various circumstances constituting the conditions for sentencing, such as the circumstances after the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

The defendant and prosecutor's argument in this part are without merit.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow