(영문) 서울고등법원 2016.08.11 2016노1497 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.08.11 2016노1497

아동ㆍ청소년의성보호에관한법률위반(장애인추행)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (nine years of imprisonment) imposed by the lower court against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. A prosecutor 1) In light of the fact that the act of rape similar to the act of rape is different from the act of rape, the court below erred by misapprehending the legal principles on this part of the facts charged, although the act of rape in this case constitutes a separate crime from the act of rape.

2) The sentence imposed by the lower court against the Defendant is too unhued and unreasonable.

3) The lower judgment dismissing the request for attachment order was unlawful, since the Defendant’s improper dismissal of the attachment order risks re-offending.

2. Determination

A. As to the prosecutor’s assertion of misapprehension of the legal principles on the instant charges, the lower court acquitted the Defendant of this part of the facts charged on the ground that, in light of the fact that the act of similar rape was committed on February 4, 2016 on the same date and time as the act of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., a minor under the age of 13) and at the same place as the act of sexual intercourse in relation to the Defendant’s sexual intercourse, it is reasonable to establish a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e., a deceptive scheme against minors under the age of 13) and that it does not constitute a crime of violation of the Act on Special Cases Concerning the Punishment, etc.

In light of the records, the above judgment of the court below is just, and there is no error by misapprehending the legal principles, which affected the conclusion of the judgment.

Therefore, this part of the prosecutor's argument is without merit.

2) As to the allegation of unfair sentencing by both parties, the Defendant is against the recognition of all of the instant crimes.

The Defendant did not commit the instant crime in a planned manner from the beginning.

The crime of forced indecent conduct against the victim under the age of 13 was committed.

The defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

-대구고등법원 2018.09.13 2018노207

-대구지방법원 포항지원 2018.02.22 2017고합108

-부산지방법원 2016.04.08 2015고합651

-서울고등법원 2016.08.25 2016노1297

-창원지방법원 진주지원 2016.05.26 2015고합161