(영문) 대전고등법원 2014.06.13 2014노149 | 리걸엔진

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자간(%)

(영문) 대전고등법원 2014.06.13 2014노149

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant was under the influence of alcohol at the time of committing the instant crime, and the Defendant had weak capacity to discern things or make decisions.

Dob. The sentencing of the lower court (two years and six months of imprisonment, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. According to the records on the Defendant’s assertion of mental disorder, it is acknowledged that the Defendant was under the influence of alcohol at the time of committing the instant crime, but in full view of the circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of committing the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

3. The crime of this case on the assertion of unfair sentencing by both parties is very poor in the nature of the crime that the defendant et al. committed jointly with the victim, who is a juvenile under the age of 16, was under the influence of alcohol, and thus, the victim seems to have suffered considerable physical and mental pain. The defendant's perception of his mistake and reflects his depth; the defendant does not want the punishment of the defendant; the defendant does not want the punishment before the defendant; there was no past record of criminal punishment; and there was no record of criminal punishment before the defendant; and in light of all other circumstances on the condition of sentencing, such as the defendant's age, occupation, character and behavior, motive for the crime, and circumstances after the sentence of the judgment of the court below, the sentence of the court below shall not be deemed to be too heavy or unreasonable.

Therefore, the defendant and the prosecutor's allegation of unfair sentencing is accepted.

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