(영문) 부산고등법원 2014.10.22 2014노460 | 리걸엔진

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(영문) 부산고등법원 2014.10.22 2014노460

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The defendant above.

Reasons

1. On the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the request for attachment order was filed, and the Defendant appealed only with respect to the part on which the request for attachment order was filed. Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit to appeal as to the part on which the request for attachment order

2. The summary of the grounds for appeal (defendants) is too unreasonable because of the lower court’s punishment (a fine of KRW 30 million per day, KRW 100,00 per exchange confinement, and KRW 80,00 per day, and completion of sexual assault treatment programs).

3. The crime of this case is an indecent act committed by the father of the victim, who found the victim as a customer at a low time, in such a way that the father of the victim, who found the victim as a customer, might not be easily punished by using the sexual organ of the victim, who is a male child of 2 years old, and the fact that the defendant did not receive a letter from the victim or his parent is disadvantageous to the defendant.

However, in light of the fact that the defendant committed the crime of this case while intending to commit the crime of this case, and the father of the victim who found his wife as a customer at low time was committed in the situation where the defendant committed the crime of this case under the circumstances where the father of the victim who was found his wife as a guest, the defendant seems to have caused the crime of this case to have committed the crime of this case. The fact that the defendant's expression that he was satisfing to the victim without any subjective motive or purpose to stimulate or satisfy his sexual desire, the fact that the defendant's use of the crime of this case is not relatively heavy, the fact that the defendant did not have any history of punishment for sexual crime, the fact that the defendant was the disabled of class 3 with physical disability, the defendant's age, character and behavior, environment, the circumstances of the crime of this case, and other various sentencing conditions

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

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