logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.06.15 2016노228
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one-year imprisonment and four-year imprisonment) is too unreasonable.

2. The judgment of the defendant is against the defendant's confession of the crime of this case, living without any previous conviction except for a punishment imposed once due to the violation of the former Road Traffic Act, and the defendant's living is expected to have considerable difficulty in living of his children supported by the defendant when the defendant is detained. However, the crime of this case is highly poor because the defendant committed self-defense by causing the victim who was under 12 years of age at the time of committing the crime of this case to shake his sexual organ, and commits an indecent act by force three times due to only the victim's chest, etc. The crime of this case is committed within the fence of the family. The crime of this case is highly likely to be criticized because it continued for a considerable period of time and repeatedly within the fence of the victim's chest, and it appears that there is a great mental shock that it is difficult for the victim under age to overcome due to the crime of this case, and that there is no need to take into account the defendant's severe punishment if the defendant did not receive any use from the damaged person, etc.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, etc., all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances after the crime, and the fact that the lower court appears to have sentenced to the lower limit of the punishment according to the sentencing guidelines set by the Supreme Court’s Sentencing Committee, the lower court cannot be deemed to have exceeded the discretionary power for the sentencing because the sentence imposed by the lower court is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow