(영문) 서울고등법원 2019.01.31 2018노3134 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.01.31 2018노3134

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the claimant for probation order (hereinafter “Defendant”) 1 were under the state of mental and physical disability under the influence of alcohol at the time of the instant crime. 2) The sentencing of the lower court on unreasonable sentencing is too unreasonable.

B. Prosecutor 1) The lower court’s exemption from the disclosure and notification order of personal information of the Defendant to the general public as the need to prevent sexual crimes by disclosing and notifying the Defendant’s personal information to the general public, is unreasonable in light of the following: (i) the sentencing of the lower court is too unjustifiable; (ii) the disclosure and notification order of personal information of the Defendant; and (iii) the details of the crime.

3. It is unreasonable that the court below dismissed the defendant's request for a probation order even though the defendant's dismissal of the probation order had the risk of sexual assault and recidivism.

2. Determination

A. According to the records on the defendant's assertion of mental disability, the defendant's drinking at the time of the crime of this case is recognized as having a bad drinking, but in light of the circumstances shown in the arguments of this case, such as the background of the crime of this case and the defendant's conduct before and after the crime of this case, the above assertion by the defendant is without merit, since the defendant's ability to discern things or make decisions due to drinking does not seem to have weak. The crime of this case in which the defendant and the prosecutor's assertion of unreasonable sentencing are judged as to the crime of this case is deemed to have been sentenced to habitual larceny, and the defendant committed the crime of this case in this case in this case in this case, even though he was sentenced to punishment for habitual larceny, and intrudes the victim's residence during the period of repeated offense, and thus, it is not appropriate to commit the crime in this case, and there is no sufficient punishment against the defendant in this case.

However, the defendant recognized the crime of this case.

유사 판례

-서울고등법원 2019.1.31. 선고 2018노3134 판결

-서울고등법원 2014.11.14 2014노2545

-부산고등법원 2014.04.24 2014노94

-서울고등법원 2019.02.12 2018노3191

-서울고등법원 2019.01.31 2018노3073