logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.16 2015노195
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

With respect to the part of the defendant's case, the court below rendered a judgment dismissing the prosecutor's request regarding the part of the defendant's case, the request for attachment order, and the request for probation order, and the only defendant appealed against this. Thus, there is no benefit in appeal regarding the part of the request for attachment order and

Therefore, notwithstanding Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the request for attachment order and the part of the request for probation order are excluded from the scope of the trial of this court.

Summary of Grounds for Appeal

The punishment (fine 15,00,000) sentenced by the court below against the defendant is too unreasonable.

Judgment

There is a favorable condition for the defendant such as that the defendant does not want the punishment against the defendant by mutual consent with the victim, and that the defendant has no record of punishment.

However, the crime of this case is an indecent act committed by the victim who is 11 years of age, and the nature of the crime is not weak, and in full view of all the sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

arrow