(영문) 서울고등법원 2019.05.30 2019노585 | 리걸엔진

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(영문) 서울고등법원 2019.05.30 2019노585

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (a two-year imprisonment, etc.) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case in the trial of the court, that the defendant was not subject to criminal punishment, and that there are circumstances that can be taken into account in terms of the age, family relationship growth of the defendant.

Even if such circumstances are fully considered, it is difficult to recognize that the lower court’s punishment is unreasonable in the following respect.

In terms of the contents and circumstances of each of the instant crimes, the circumstances are not good.

① In light of the following: (a) the Defendant was a child or juvenile with intellectual disability (including a woman aged 14) who has any intellectual disability that requires social interest and protection; (b) the Defendant committed each of the instant crimes using “the victim is unable to properly express his or her gender”; (c) the Defendant committed an indecent act by using “the victim’s sexual organ or by allowing the victim to spread his or her sexual organ; and (d) the Defendant was committed to attract the victim, and (d) the text message sent by the Defendant, which was sent by line to the victim, could lead to a serious crime, without reporting by the head of a regional child center.

Even for the purpose of general prevention and special prevention, it is necessary to strictly apply the sentencing criteria for sexual crimes of this type.

B. (1) The victim drinks together with his natives.

In July 25, 2017, without distance, discussed the contents of the crime.

In light of the contents, etc. of text messages sent by the victim to the Defendant after each of the instant crimes, the victim seems to have failed to fully understand the meaning of each of the instant crimes or the influence on the formation of a proper self-help.

An expert who has consulted or observed a victim shall be the victim's perception of experience.

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