(영문) 부산고등법원 2016.06.22 2016노177 | 리걸엔진

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(영문) 부산고등법원 2016.06.22 2016노177

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) were physically and mentally weak Defendant and the person who requested the attachment order (hereinafter “Defendant”) had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

2) The sentence of the lower court’s sentence (one-year imprisonment, etc.) against an unfair defendant in sentencing is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.

2) There are special circumstances under which disclosure of personal information against an illegal defendant is not subject to disclosure or notification order.

However, the lower court’s exemption from the disclosure notification order is unreasonable.

3) It is unreasonable for the lower court to dismiss the request for attachment order even if the Defendant’s rejection of the request for attachment order is found to pose a risk of recidivism.

2. Determination

A. According to the record as to the Defendant’s mental and physical weakness argument, although the Defendant appears to have served alcohol at the time of partial commission of the crime, in light of the background leading up to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

Therefore, the above argument by the defendant does not seem to be reasonable. [On the other hand, the defendant committed rape on June 18, 2014 and June 19, 2014 (the crime No. 2-B, of the judgment of the court below) after the lapse of the period for filing an appeal.

(B) The Defendant’s assertion that there was no fact that the Defendant committed the crime of rape on June 18, 2014 and June 19, 2014, based on the evidence duly adopted and examined by the lower court, such as the victim’s specific and consistent statement, is tenable.

유사 판례

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