(영문) 부산고등법원 2017.11.22 2017노513 | 리걸엔진

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(영문) 부산고등법원 2017.11.22 2017노513

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found Defendant guilty of the facts charged in the instant case even though the Defendant did not commit an indecent act or abuse by force against the victimized person. In so determining, the lower court erred by misapprehending the legal doctrine.

2) At the time of committing the crime, the Defendant had a very weak ability to discern things or make decisions under the influence of alcohol.

3) The punishment sentenced by the lower court (three years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court denied all the facts charged, and argued the same as the grounds for appeal.

The court below rejected the defendant's assertion and found the defendant guilty on the grounds that the victim's statement, consistent with each of the facts charged in this case, is reliable, and according to the victim's statement, the defendant committed an indecent act by force as stated in the judgment of the court below, and abused the victim as stated in paragraph 2 of the facts charged in the judgment of the court below.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination that the Defendant was guilty of all the charges of this case on the grounds stated in its reasoning is justifiable and did not err by misapprehending the legal principles as to the grounds for

Defendant’s assertion is without merit.

B. According to the record on the Defendant’s assertion of mental and physical weakness, even though the Defendant was in a state of drinking alcohol at the time of committing the crime, considering the motive, circumstance, means and method of the instant crime, the Defendant’s attitude and circumstance before and after committing the crime, etc., which the lower court can have known by the evidence duly admitted and investigated, the Defendant lacks the ability to discern things or make decisions.

유사 판례

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