(영문) 대구고등법원 2016.04.07 2015노494 | 리걸엔진

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(영문) 대구고등법원 2016.04.07 2015노494

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant and the person who filed an attachment order and the person who filed an application for the attachment order and the person who filed an application for the physical and mental loss, or the person who filed an attachment order and the person who filed an application for the attachment order and the person who filed an application for the treatment and custody order (hereinafter “Defendant”) did not have any or weak ability to discern the object or make decisions due to the e

2) The sentence of the lower court’s unfair sentencing (five years of imprisonment) is too unreasonable.

3) On October 1, 2015, the lower court’s order to order the Defendant to complete a sexual assault treatment program for 80 hours and to disclose or notify the Defendant’s information for 4 years is excessively harsh and unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) In light of the fact that the Defendant committed a sexual crime on at least two occasions with regard to the part of the request for attachment order, and the Defendant committed a sexual crime against the victim under the age of 19, and the degree of evaluation of the risk of recidivism of a sexual offender under the age of 19 was assessed to high level, there is a risk of recidivism of a sexual crime against the Defendant.

Even if recognized, the lower court’s dismissal of the Defendant’s request for attachment order is unlawful.

2. Determination

A. 1) As to the part of the case of the defendant, the appraiser N who made a mental diagnosis against the defendant regarding the defendant's mental weakness was diagnosed as the defendant's mental symptoms as "stimulative disorder, disorder without mental symptoms", and the defendant presented his opinion that the defendant was presumed to have suffered a weak state of ability to discern things or make decisions due to the above mental disorder at the time of the crime of each of the case of this case.

Each of the instant cases, which can be recognized based on the evidence duly adopted and examined by the court below and the trial court.

유사 판례

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