(영문) 광주고등법원 2016.05.26 2016노19 | 리걸엔진

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(영문) 광주고등법원 2016.05.26 2016노19

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the defendant was aware of the victim's body in the process of completing a talk with the victim, it was difficult to see the victim's body due to diseases such as high blood pressure, brain flasing, etc., and thus, there was no intention to commit an indecent act.

B. At the time of the instant case, the Defendant had lost or weak ability to discern things or make decisions due to dementia, etc.

(c)

The punishment sentenced by the court below to the defendant (the penalty amount of KRW 40 million) is too unreasonable.

2. Determination

A. In the lower court’s assertion that the Defendant had no criminal intent to commit an indecent act against the victim, as the grounds for appeal, and that there was a mental or physical loss or mental weakness at the time of committing the instant crime, the lower court, in full view of the various circumstances set forth by the lower court, can be sufficiently recognized that the Defendant had a criminal intent to commit an indecent act by force at the time of committing the instant crime, and that the Defendant had a lack of ability to discern things or make decisions, even though he was aware of the fact that there was an early dementia symptoms, etc., at the time of committing the instant crime, was in a state where the Defendant had lost or lost the ability to discern things or make decisions.

In determining that the defendant's argument cannot be seen, it rejected all.

In light of the evidence duly adopted and examined by the court below and the court below, it is legitimate to recognize and determine the court below. Thus, this part of the defendant's assertion is without merit.

B. The instant crime of determining the illegality of sentencing is an indecent act committed by the Defendant by force against a victim who is unable to defend himself due to mental disorder, and the nature of the crime is not good, and the mental shock and suffering of the victim would have considerably occurred.

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