(영문) 서울고등법원 2016.02.05 2015노3377 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2016.02.05 2015노3377

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant’s case, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were in a physical and mental state under the influence of alcohol at the time of committing the instant crime.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

3) There are special circumstances to exempt the Defendant from disclosure and notification orders.

Even if it is not so, the period of disclosure and notification order ordered by the court below is too long and unfair.

B. As to the Defendant’s request for attachment order, there is no risk of repeating a sexual crime, it is reasonable to dismiss the Defendant’s request for attachment order of this case

Even if not, the period of attachment order ordered by the court below is too long and unfair.

2. Determination

A. As to the Defendant’s instant case, the Defendant deemed drinking alcohol at the time of the instant crime; however, in light of the background and method of the crime, the circumstances before and after the instant crime, the Defendant’s attitude of testimony, and the content of the statement, etc., there was a lack of ability to discern things or make decisions.

Therefore, this part of the defendant's assertion is without merit.

2) The following are the circumstances favorable to the Defendant: (a) the Defendant’s wrongful assertion of sentencing recognizes the instant crime as substitute and reflects it; and (b) the degree of the Defendant’s criminal conduct committed against the victim.

The crime of this case is committed by a female juvenile who was on board a bus at night and committed an indecent act by hand, and the victim seems to have received sexual humiliation and mental impulse due to this case, the defendant has been sentenced to imprisonment with prison labor and suspended execution, etc., and the defendant committed the crime of this case during the period of repeated crime due to forced indecent act, and the victim maintains his intention to punish the defendant, and is disadvantageous to the defendant.

In addition, the defendant's age, sex, environment, family relationship, etc.

유사 판례

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