(영문) 광주고등법원 2016.08.25 2016노216 | 리걸엔진

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(영문) 광주고등법원 2016.08.25 2016노216

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) were physically and mentally weak due to mental illness at the time of committing the instant crime.

2) The sentence of the lower court (two and a half years and six months of imprisonment, and 40 hours of order to complete the course) that is unfair is too unreasonable.

B. Prosecutor 1) The sentence of the lower court in the part of the case of the Defendant (unfair sentencing) is too uneasible and unreasonable.

2) The lower court’s dismissal of a request for attachment order, despite the need to attach a location tracking electronic device due to high risk of repeating sexual crimes, is unreasonable.

2. Determination on the defendant's case

A. In light of various circumstances, such as the situation at the time of the crime, the background leading to the crime, the method of the crime, and the defendant’s behavior before and after the crime committed by the court below, it is not determined that the defendant had a weak ability to discern things or make decisions due to mental illness at the time of the crime in this case.

We cannot accept this part of the defendant's argument.

B. The following facts are the circumstances: (a) the Defendant’s confession of the instant crime while making a judgment on the unjust assertion of sentencing by both parties; (b) the degree of the type of crime used is not significant; and (c) the fact that the Defendant does not appear as the planned crime is considered favorable to the Defendant.

However, the crime of this case is highly likely to be criticized because the defendant, who is responsible for protecting and raising the victim who is a relative, committed an indecent act by force, and the victim seems to have suffered serious mental impulse due to the crime of this case.

In addition, even though the defendant was sentenced to suspended sentence for the same crime against the victim of this case, he again commits the crime of this case even during the current period.

유사 판례

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