(영문) 광주고등법원 2013.12.05 2013노437 | 리걸엔진

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(영문) 광주고등법원 2013.12.05 2013노437

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The court below dismissed the prosecution against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) against the victim C among the facts charged in the instant case, and sentenced the defendant to imprisonment with prison labor for three years and six months, the completion of the sexual assault treatment program for 200 hours, and the disclosure and notification order for five years, by recognizing the acquittal of each victim C as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar sex act).

Since only the defendant appealed on the ground of unfair sentencing as to the guilty portion, the dismissed part of the judgment of the court below shall be separately decided and decided, and the acquittal part of the grounds shall not be excluded from or subject to the judgment of the court below, and it shall not be decided again in accordance with the conclusion of the judgment of the court below.

2. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable.

3. Although the nature of the crime of this case is not good, the defendant's first instance court acknowledged the crime of this case and misjudgments against the wrongness. The court below agreed with the victim C, deposited 5 million won for the victim F, and agreed with the victim F in the trial. In full view of all other circumstances such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the court below's punishment is somewhat excessive. Thus, the defendant's above assertion is justified.

4. As such, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

참조조문

-청소년의 성보호에 관한 법률

-형사소송법 제364조 제6항

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