(영문) 부산고등법원 2017.04.20 2017노104 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.04.20 2017노104

준강간등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court to the Defendant (three years of imprisonment, five years of suspended execution, etc.) is too unreasonable.

B. Although a criminal defendant's improper order to disclose personal information was likely to recommit a sexual crime, the court below ordered disclosure of personal information of the defendant for a period of five years. The court below erred in the misapprehension of legal principles as to disclosure of personal information.

2. Determination

A. As to the unfair argument of sentencing, the circumstances favorable to the defendant, which were shown in the arguments of the court below and the court below (the defendant confessions all of the crimes of this case in the court below and the court of the court below, and is against his depth.

A statement is made, and the court below made an agreement with the defendant and the victim that the injured person does not want the punishment of the defendant, etc.) and circumstances unfavorable to the defendant (the crime of quasi-rape in this case committed by the defendant is under the influence of alcohol as stated in the court below's ruling and the crime is serious in light of the circumstances after the crime was committed, and the defendant committed repeatedly the crime of the same kind in this case again in the Daegu District Court on December 18, 2009, even though he had been sentenced three years to suspended execution of one year and six months, and even if he had been sentenced to a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (the fact that the crime of quasi-rape in this case committed by the defendant seems to have been subject to considerable sexual humiliation and mental impulse due to the crime of quasi-rape in this case committed by the defendant), including various sentencing conditions as shown in the court below and the court of first instance, and there is no reason to conclude this part of the defendant's assertion that the sentence is unfair.

B. The defendant-appellant.

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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