logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.04.16 2014노667
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. As stated in the first head of the crime of this case in the judgment below, the punishment should be determined in consideration of equity in the case where the defendant was tried at the same time under the latter part of Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, such as a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., which became final and conclusive as stated in the judgment below, and a crime of this case is committed concurrently under the latter part of Article 39(1) of the Criminal Act. The defendant deposited 3 million won for the victim at the court below, and sent an unfa

However, the crime of this case was committed on the floor of the parking lot, where the defendant came to know of the juvenile who was a guest of the restaurant that he works, and the defendant was raped on the floor of the parking lot, and the method of the crime is very poor and the nature of the crime is also hot.

At the time when the victim must form a sound sexual identity and values, the victim suffered a huge physical or mental suffering that is difficult to recover through the above sexual assault from the defendant, and the victim wanted to punish the defendant.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, the environment, the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too unreasonable because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow