logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.01.25 2017노588
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the completion of a sexual assault treatment program with three years and six months and 120 hours) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the victim’s legal representative and the legal representative do not want to be punished against the Defendant; and (c) the first offender who has no record of criminal punishment.

On the other hand, the crime of this case is committed by inserting hands in the panty of the victim who is a woman under the age of four, who is a woman under the age of four, who is the father's father's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

As above, comprehensively taking into account all the sentencing factors favorable to or unfavorable to the defendant, such as the defendant's age, age, sexual conduct and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., as well as all the sentencing conditions indicated in the present case, such as the record and change of circumstances. In addition, the lower court appears to have sentenced the defendant more than the lower limit of the recommended sentencing range (4 to 7 years of imprisonment) set forth in the sentencing guidelines, and more than 3 years and 6 months of imprisonment, which constitute the lowest limit of the punishment imposed by law, and there are special circumstances or changes in circumstances that may reduce the sentence of the lower court at the trial.

arrow