(영문) 대구고등법원 2015.06.11 2015노141 | 리걸엔진

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(영문) 대구고등법원 2015.06.11 2015노141

아동ㆍ청소년의성보호에관한법률위반(강간등상해)

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Under the influence of the instant case, the Defendant was in a state of mental disability under the influence of alcohol. 2) The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s claim of mental disability, the lower court also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s above assertion under the title “determination on the Defendant’s and the defense counsel’s assertion” among the judgment.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of misconception of facts or misunderstanding of legal principles as to mental or physical disability.

Therefore, this part of the defendant's assertion is rejected.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case was committed by rapeing the friendship of his/her father, and thus, the nature of the crime is important. The victim who was in the first year of high school was sexual assaulted by her father at the time when she formed a sound sexual identity and values, thereby resulting in a huge mental shock. It is clear that the victim’s suffering and suffering may interfere with the victim’s healthy and harmonious personality growth.

On the other hand, the defendant seems to have caused the crime of this case by drinking.

The defendant has no record of being punished for the same type of crime, and is supported by three children who are middle and high school students on their own.

The victim used the defendant at the court below, and tried to take the action against the next defendant again in this court.

The defendant is seriously against his or her own mistake, and such a crime shall be committed in the future.

유사 판례

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