(영문) 광주고등법원 2014.06.19 2014노136 | 리걸엔진

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자간(%)

(영문) 광주고등법원 2014.06.19 2014노136

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

The judgment below

Among them, the part of the defendant case against the defendant A is reversed.

Defendant

A shall be punished by imprisonment for three years.

(b).

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (two years and six months of imprisonment) against the person subject to the request for attachment order (hereinafter referred to as the "defendant") is too unreasonable.

The sentence of the lower court against the Defendants of the Defendant’s case by the Prosecutor is too unfortunate and unreasonable.

In light of the background and method of the crime, etc., it is improper for the court below to dismiss the defendants' request for attachment order against the defendants even though there is a risk of re-prevention of sex offenses.

We also examine the defendant A's argument about the judgment on the defendant's case.

The sentencing guidelines set forth in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compact against Persons with Disabilities) [Determination of the type] Sex Offenses, General Standards, Disabled Persons (the age of 13 or more), Sex Offenses subject to the Punishment of Persons with Disabilities (the age of 13 or more), Type 4 (Rape): In addition to the basic area of leap (the scope of recommendations and decisions on punishment) - Indecent Acts against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Punishment, etc. of Sexual Crimes from 6 years to 9 years], sexual crimes, general standards, sex offenses against persons with disabilities (the age of 13 or more), types 5 (Specially Indecent Acts against Persons with Disabilities) [the scope of recommendations and decisions on punishment] - The defendant did not inform the victims of sexual intercourse with his or her surrounding parents after September 6 to 9, 200, and did not inform the victims of sexual intercourse with his or her sexual intercourse with the victim of this case.

Furthermore, the defendant does not have criminal records, and the defendant commits the crime of this case.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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