(영문) 대구고등법원 2013.04.24 2012노777 | 리걸엔진

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(영문) 대구고등법원 2013.04.24 2012노777

성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime of mental illness, the Defendant was under the influence of alcohol and was in a state of mental disability. 2) The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but considering the process and method of the crime of this case, the defendant's speech and behavior before and after the crime of this case, it is not recognized that the defendant was in a weak state of ability to discern things or make decisions under the influence of alcohol, and therefore, this part of the defendant'

B. There is a high possibility of criticism in that the instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor against the elderly victims vulnerable to the instant crime.

However, considering the following factors: (a) the Defendant did not leave his clothes in assaulting the victim; (b) was unable to move back to a considerable indecent act or sexual intercourse; (c) the Defendant, 39 years of age, took the victim under 87 years of age as the object of sexual assault; (d) when considering that the Defendant had physically weak physical conditions to the extent that the resistance of the victim would not be overcoming, the Defendant appears to have caused the crime of this case by contingency; (c) the victim’s family does not want the punishment; (d) the Defendant reflects his mistake; (d) the Defendant has no record of criminal punishment exceeding the fine prior to the instant crime; (e) the Defendant has no record of criminal punishment exceeding the fine prior to the instant crime; (e) the Defendant has to support three children of his child; and (e) other various conditions of sentencing, such as the Defendant’s age, character and conduct, environmental family relationship, motive and circumstance of the crime; and (e) the circumstances after the crime

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