(영문) 대구고등법원 2015.04.16 2014노662 | 리걸엔진

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(영문) 대구고등법원 2015.04.16 2014노662

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

Text

1. The part of the judgment below regarding the request for attachment order shall be reversed.

2. With respect to the person whose attachment order is requested, it shall be for twenty years;

Reasons

1. Summary of grounds for appeal;

A. The sentence (five years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is deemed unreasonable.

B. In light of the previous criminal records and the circumstances leading up to the instant crime, the Defendant may be deemed to have committed a sexual crime against a person under the age of 19 who was sentenced to imprisonment with prison labor for committing a sexual crime and again commits a sexual crime within 10 years after the completion of the execution of the sentence, and committed a sexual crime on at least two occasions. The Defendant may be deemed to have the risk of recommitting a sexual crime against a person under the age of 19, who committed a sexual crime.

Nevertheless, the lower court dismissed the Defendant’s request for the attachment order of this case on the ground that there is no evidence to prove that the Defendant had a risk of recommitting a sex crime. In so doing, the lower court erred by misapprehending the legal doctrine on the risk of recommitting

2. Determination

A. As to the part of the defendant's case, the crime of this case is very bad because a juvenile who is obligated to protect and rear the defendant has sexual intercourse with or commits an indecent act on the friendship of a person with intellectual disability.

In particular, the responsibility of the defendant is greater in that he/she has committed each of the crimes in this case immediately after completing the execution of punishment for the previous sexual crimes.

On the other hand, there are extenuating circumstances such as the defendant's disease who has been suffering from fissionable disorder and who reflects his or her wrongness.

Considering such various circumstances as well as the Defendant’s age, character and conduct, environment, and motive, means and consequence of each of the instant crimes, the sentencing conditions may be considered within the appropriate range of sentence corresponding to the Defendant’s liability.

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