(영문) 부산고등법원 2020.10.08 2020노177 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2020.10.08 2020노177

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable because the punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant’s indecent act against the victim who is a deadly disabled person.

The court below set a sentence against the defendant in consideration of the following factors: (a) the defendant and the victim's relationship, the victim's age, the degree of indecent act, and duration of the indecent act; (b) the victim who has been sexually committed by the defendant who was sexually committed by his/her family member seems to have caused considerable mental impulse and sexual humiliation; (c) the victim was suspected of having sexual intercourse from his/her relative relatives; and (d) the defendant was unable to take criminal punishment from his/her victim; (c) the defendant was a primary offender who has no record of criminal punishment, including sexual crimes; (d) the defendant did not commit the crime of this case in a planned manner; (e) the defendant did not commit the crime of this case; and (e) took into account the favorable circumstances, such as the defendant's attempt to prevent recidivism; and (e) the relationship between him/her and his/her family members, and considering the recommended sentencing guidelines of the Sentencing Committee.

The sentencing of the lower court appears to have been determined by fully taking into account the above circumstances, and there is no special change in circumstances that could be assessed differently from the sentencing conditions of the lower court until the trial is held.

In a case where there is no change in the sentencing conditions compared to the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the lower court.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The statutory penalty for the instant crime, which constitutes a sexual crime among relatives, is “a limited term of at least five years”.

Regardless of the form or degree of indecent act by compulsion, indecent act by compulsion was committed by relatives.

The fact that it is "...."

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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