(영문) 부산고등법원 2017.06.22 2017노206 | 리걸엔진

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Reasons

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(영문) 부산고등법원 2017.06.22 2017노206

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Mental and physical disorder (Defendant A) was in the state of mental and physical disorder by drinking alcohol at the time of committing the crime No. 2 as indicated in the judgment of the court below.

2) The punishment (the Defendants) sentenced by the lower court to the Defendants (the maximum of three years, the maximum of two years, the short of two years, the short of two years, the short of two years, etc.) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

A. In light of the following: (a) Defendant A’s assertion of mental disorder was examined; (b) the process and content of the crime indicated in Paragraph (2) of the crime committed by the lower court based on the evidence duly admitted and investigated by the lower court; (c) the method and method thereof; (d) the circumstances before and after the crime; and (e) the statement made by Defendant A and the victim to the investigative agency; and (d) the Defendant A had no or weak ability to discern things or make decisions by force at the time of committing the crime described in

Therefore, Defendant A’s above assertion is without merit.

B. Regarding the defendants and prosecutor's unfair argument of sentencing, there seems to be room for improvement of their behavior and inclinations in the future as well as the juveniles who did not reach the present age even though they were committed each of the crimes of this case. In the past, the defendants have led to the trial, and they have led to the confession of all of the crimes of this case and their errors in depth.

The fact that Defendant A’s parents and Defendant B’s juvenile protection clients want to take the measures against the Defendants is favorable to the Defendants.

However, the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendants (special quasi-rape) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-rape) is likely to drink with the victim J and alcohol, which is a juvenile who was known to the general public.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

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