logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.11.30 2017노430
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

Reasons

A summary of the grounds for appeal (related to the charge of forced indecent acts) Defendant was under the influence of alcohol at the time of committing the instant indecent act.

In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the completion of sexual assault treatment programs with 1 year and 6 months and 40 hours) is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mental disorder are: (a) the defendant was at the police station’s studio of the defendant; (b) the process of the defendant’s studio in the police station; and (c) the contents of the conversation divided with the victim; and (d) the defendant

E In full view of the fact that the police stated that “the Defendant seems to have been able to take a bath about D and E, and the defect that the Defendant was about to take away from the victim, and made intimidation, and the victim was aware of the victim and opened the door, and thereafter the Defendant left the door,” and the victim stated that “the Defendant got her body as indicated in the facts charged, such as the Defendant’s body, and then her door out, the victim stated to the effect that “the Defendant got her door, but the Defendant was hick, and the victim was hicked so that the victim might not open the door,” the Defendant was in a state of lacking ability or decision-making ability to distinguish things under the influence of alcohol at the time.

shall not be deemed to exist.

Therefore, the defendant's ground of appeal on this part is without merit.

Examining the various sentencing conditions in the instant case regarding the wrongful assertion of sentencing, the instant crime committed by the Defendant, while drinking together with the victim F, who is a female child or juvenile under 15 years of age, and his/her daily behaviors together with the victim F, who is a female child or juvenile, shall show the victim's daily behaviors and commit an indecent act by forcing the victim to do so.

arrow