(영문) 광주고등법원 2013.12.05 2013노439 | 리걸엔진

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(영문) 광주고등법원 2013.12.05 2013노439

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant");

A. In the case of paragraph (2) of the facts constituting a crime in the judgment of the court below, it is not clear whether the defendant's act did not reach the degree of violence and committed the similarity act.

B. The lower court’s sentence of unreasonable sentencing (in 6 years of imprisonment, disclosure and notification of information for 7 years, and attachment and imposition of an electronic tracking device for 6 years) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, in the case of paragraph (2) of the crime in the judgment of the court below, the defendant's act constitutes an assault, and the crime was committed by inserting the defendant's sexual organ into the victim's resistance even though the victim refused to do so. Thus, it is recognized that the defendant's act constitutes an assault, and the crime was committed by inserting the victim's sexual organ into the victim's resistance.

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

(2) There are favorable circumstances that are favorable to the defendant, such as the fact that the defendant recognized the instant crime and made a mistake against the wrong, and that the defendant has no record of punishment for the same kind of crime.

However, in full view of all the circumstances such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable, and therefore, it is not recognized that the Defendant’s assertion on this part is too unreasonable, on the ground that the Defendant’s punishment is too unreasonable.

B. When the accused of the case requesting an attachment order files an appeal against the accused case, the specific offender.

유사 판례

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-부산고등법원 (창원) 2019.05.15 2019노87

-서울고등법원 2014.04.17 2014노467