(영문) 대구고등법원 2017.01.12 2016노563 | 리걸엔진

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(영문) 대구고등법원 2017.01.12 2016노563

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant, at the first trial date, withdrawn his assertion that there was no sexual assault against the victim on the ground of appeal.

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

나. 양형 부당 원심의 형( 판시 제 1 죄 : 징역 2년 6월, 판시 제 2∽4 죄 : 징역 6년) 은 너무 무거워서 부당하다.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the defendant was found to have been hospitalized several times due to alcohol addiction, and was in a state of drinking even at the time of the crime of this case. However, in light of the circumstance leading up to each of the crimes of this case, the defendant's act before and after the crime of this case, the circumstances after the crime, especially according to the defendant's statement, even if the defendant's statement was based on the defendant's statement, it is the degree of memory as to the aftermath of drinking (Evidence No. 109 of the evidence record). The defendant was in a state of having the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case (Evidence No. 109 of the evidence record).

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the crime of this case is not likely to be committed with respect to an anti-human crime committed repeatedly by rape, etc. from the time when the victim was eight years of age to the age of eight, by taking account of the circumstance that the victim, who is married with his wife, cannot resist his or her protection after the Defendant left home.

At the time when the victim should build a sound sexual identity and values, the victim seems to have suffered from shock and suffering from the above sexual impulse by suffering from sexual assault from the defendant, who is an friendship, and the state of mind so that it is difficult to recover through life.

Nevertheless, the defendant has been from the police to the court below.

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