(영문) 서울고등법원 2017.02.03 2016노3661 | 리걸엔진

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(영문) 서울고등법원 2017.02.03 2016노3661

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

The judgment below

Part concerning the crime No. 2 of the judgment shall be reversed.

Two years of imprisonment with prison labor for the crimes of No. 2 of the judgment of the defendant.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. To examine ex officio prior to the judgment on the reasons for appeal by authority.

In the first instance, the prosecutor applied for the modification of an indictment to change the meaning of “indecent act by blood” among the facts charged in the instant case (Article 2 of the judgment of the court below) to the meaning of “an attempted indecent act by blood or marriage” as found guilty below, and the subject of the judgment was changed by this court’s permission.

Therefore, the part concerning the second crime in the judgment of the court below is no longer maintained.

3. The judgment on the grounds of appeal (the part concerning the crime No. 1 in its holding) is that this part of the crime is an unfavorable circumstance against the defendant, such as the fact that the defendant abuseds the defendant's age by taking the her hand against her head, etc., and the nature of the crime is not good. The victim who was aged between 10 and 13 at the time of the crime was committed with frequent assault of the defendant, and the fact that the defendant was unable to take care of the victim, etc.

The fact that the defendant's crime No. 1 in the judgment of the court below is against the defendant, and the crime No. 1 in the judgment of the court below is a violation of the first head Special Act on the Settlement of Traffic Accidents in the judgment of the court below and the concurrent crimes in the latter part of Article 37 of the Criminal Code, which must be considered

In addition, considering the various circumstances shown in the pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the instant crime, the circumstances after the crime, etc., it is not recognized that this part of the lower court’s punishment (amount to KRW 3 million, KRW 40,000, KRW 40,000, and KRW 40,000, KRW 10,000) is too unjustifiable and unfair.

This part of the prosecutor's argument is without merit.

4. The prosecutor's appeal concerning the crime No. 1 of the judgment of the court below as to the conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The judgment below

(1).

참조조문

-교통사고처리 특례법

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