(영문) 부산고등법원 2014.07.09 2014노216 | 리걸엔진

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(영문) 부산고등법원 2014.07.09 2014노216

성폭력범죄의처벌등에관한특례법위반(강간등살인)

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for 15 years. The first (No. 2) and the second (No. 2) together.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The Defendant is deemed to be in an unreasonable manner because the lower court’s imprisonment (one-five years of imprisonment, confiscation, disclosure, and notification each of the 10 years of confiscation, disclosure, and notification) is too unreasonable, and the prosecutor is deemed to be too uneasible and unfair.

2. Determination

A. According to Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment of Sexual Crimes, where a court declares a guilty verdict (excluding postponement of a sentence) on a sex offender, it shall concurrently issue an order to attend a course or order to complete a program necessary for the prevention of re-offending within 500 hours: Provided, That the foregoing shall not apply to special circumstances where an order to attend a course or order to complete a program is not possible

However, the court below found the defendant guilty of the charges of this case, but did not impose an order to attend a course or order to complete a program, on the ground that the court below erred by failing to impose such order, since the court below's judgment is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mental disability is still subject to the judgment of this court, and will be examined below.

B. According to the records on the determination of mental and physical disability, the defendant may be deemed to have been drinking at the time of the instant crime. However, in light of the motive, background, means and methods of the instant crime, and the circumstances before and after the instant crime, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

3. Accordingly, the defendant's assertion of mental disability is without merit, but the judgment of the court below is without merit, and the defendant and prosecutor's allegation of unfair sentencing.

유사 판례

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