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(영문) 서울고등법원 2015.03.27 2014노3592
아동ㆍ청소년의성보호에관한법률위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of weak mind and body.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

C. In light of the fact that there is no criminal record for the defendant involved in the unfair disclosure notification order, contingent crimes, and the defendant's social relationship is obvious, there is a circumstance to exempt the defendant from the disclosure notification order.

2. Determination

A. In light of the background and content of the instant crime, the Defendant’s behavior and attitude before and after the instant crime, etc., it does not seem that the Defendant did not have reached a state where he had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

In addition, Article 19 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that "When a sexual crime against a child or juvenile was committed in a state of mental disorder caused by drinking or drug, Article 10 (2) of the Criminal Act may not apply." Thus, the defendant was under the state of mental disorder under the influence of alcohol as alleged by the defendant

Even in light of the background and content of the instant crime, circumstances before and after the instant crime, etc., it seems reasonable to not reduce mental and physical disability, and in such respect, the Defendant’s assertion of mental and physical disability cannot be accepted.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, it is favorable to the defendant that the defendant has no record of being punished for the same offense, that the defendant has divided his/her wrong and reflects his/her wrong, and that the victim is not subject to the punishment of the defendant under the agreement with the victim.

The crime of this case was committed by assault and assaulting a victim who was a juvenile with a view to sexual intercourse, causing bodily harm to the victim during which the crime was committed, and the victim was extremely bad in quality.

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