(영문) 광주고등법원 2016.06.02 2016노76 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2016.06.02 2016노76

강제추행치상등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five years of suspended execution, five years of probation, observation of protection, and forty hours of order to attend a lecture for three years) is too heavy or (the Defendant) is too heavy.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant committed an indecent act by destroying the victim's mobile phone and forcedly cutting off the victim's clothes, cutting off the victim's clothes, and taking account of the circumstances and details of the crime, etc., the nature of the crime is not good in light of the crime. The crime of this case appears to have been committed by the victim with considerable sexual humiliation and mental or physical shock, the degree of injury is not easy, and it is not yet taken from the victim.

On the other hand, the fact that the defendant is divided into his mistake and reflects the defendant, the defendant seems to have reached the crime of this case by contingently, and the defendant has no record of having been sentenced to imprisonment or more than a fine prior to the instant case, and the defendant has written his pet to receive a letter from the injured party but failed to receive it, and therefore he could have deposited a considerable amount of money to recover damage (the injured party demanded 30 million won as agreed money, but the defendant deposited 25 million won at the lower court and deposited 10 million won again at the first instance court, and he deposited 10 million won additionally).

Considering the aforementioned favorable or unfavorable circumstances and other various sentencing conditions, such as the Defendant’s age, sex, environment, the background of each of the instant crimes, and the circumstances after the commission of the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable to the extent that the Defendant’s punishment should be destroyed because it is too heavy.

Therefore, the defendant and the prosecutor's argument are without merit.

3. Conclusion: Defendant and prosecutor.

유사 판례

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