(영문) 부산고등법원 2013.04.17 2013노59 | 리걸엔진

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자간(%)

(영문) 부산고등법원 2013.04.17 2013노59

강간치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment became final and conclusive.

Reasons

1. Grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentencing of the lower court (five years, including imprisonment, two years and six months, and 100 hours and orders to complete sexual assault treatment programs, and disclosure and notification orders) is unreasonable.

2. Grounds for appeal;

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it seems that the defendant was aware that he had drinking alcohol at the time of the crime of this case, but the defendant lacks the ability to discern things or make decisions. Thus, this part of the defendant's assertion is without merit.

B. The instant crime on the assertion of unfair sentencing is an unfavorable circumstance where the Defendant was sentenced to criminal punishment for a period of four years suspended execution due to the crime of attempted rape in 2005, including the following: (a) the Defendant’s act of causing injury to a neighbor by leading the victim on his own house and attempting to rape; (b) the victim appears to have suffered considerable pain due to the instant crime; and (c) the Defendant has a number of criminal records on the crime of attempted rape in 2005; and (d) the Defendant has the same record of criminal punishment for a period of four

It is more favorable for the following reasons: (a) the Defendant recognized his criminal act and reflects the Defendant; (b) the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol; (c) the detention for six months, the agreement with the victim; and (d) the rape itself seems to have not directly contacted with the attempted crime; and (c) the degree of injury is relatively minor.

In full view of these circumstances and the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., it is judged that the sentence imposed by the court below is somewhat inappropriate.

Therefore, this part of the defendant's argument is justified.

3. Conclusion.

유사 판례

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