logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2015.05.20 2015노110
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall be given a lecture for sexual assault treatment for 80 hours.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the period of two years and six years of imprisonment) is too unfased and unfair.

2. The judgment of the accused is recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the accused both led to the confession of the crime and reflects the mistake, that the victim does not want the punishment against the accused (the form signed by the victim), that the accused has no record of punishment for sexual crimes, that the Defendant’s use of violence is not continuous, and that it does not reach sexual intercourse, and in particular, the Defendant’s age is 65 years old (the age of 1949), and is currently 65 years old (the age of 1949).

However, each of the crimes of this case, which are recognized by evidence, evidence law, and legal principles, is recognized as a disadvantageous sentencing factor or objective and neutral sentencing factor, such as that it is difficult to presume the mind and examination at the time when the victim became majority in light of the victim's age at the time of damage by the victim in 200, the defendant committed indecent acts by force, attempted rape over two occasions, and attempted rape, and the nature of the crime was bad. Although the two-time rape crimes were committed, the victim was committed in an attempted crime, but all of them was committed during the two occasions, and the victim was committed in the form of each of the crimes of this case, and there was a considerable time and effort in order to overcome the mental shock caused by each of the crimes of this case.

The above sentencing factors and sentencing guidelines, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and background leading to each of the crimes of this case, the means and consequence of the crimes, various circumstances revealed in pleadings, such as circumstances after the crimes, etc., the statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty (a limited term of at least seven years) and the applicable sentences (a limited term of imprisonment in case of repeated mitigation and discretionary mitigation).

arrow