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(영문) 부산고등법원 2015.12.02 2015노560
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the crime of quasi-rape in this case, the Defendant was in a state of weak ability to discern things or make decisions by force.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (a maximum of three years of imprisonment, a short of two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of quasi-rape of this case, there is no evidence to deem that the defendant was in a drunken state at the time of the crime of quasi-rape of this case, and even if he was in a drunken state, in light of various circumstances, such as the background of the crime, the means and method of the crime, and the defendant's act before and after the crime, it does not seem that the defendant had the weak ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion on unfair sentencing, considering the circumstances favorable to the defendant, such as the fact that the defendant has yet to establish a proper sexual concept and values, and that the defendant is a juvenile under 16 years of age who has not yet committed the instant crime, the crime of quasi-rape in this case is committed by the victim D, who is a juvenile from home of the defendant, regardless of whether the defendant had sexual intercourse with the above victim at home of the defendant, and in light of the method and contents of the crime, etc., the crime of quasi-rape in this case is not good, and the defendant threatened the above victim to die upon reporting the defendant after the above crime, and the defendant threatened the above victim to die at home of the above crime. Nevertheless, at the court below and the trial court, the circumstance after the crime of quasi-rape in this case was committed by the defendant under the influence of alcohol, and the defendant did not appear in the trial even though the charge of quasi-rape in this case was instituted.

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