(영문) 대전고등법원 2015.03.20 2014노636 | 리걸엔진

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(영문) 대전고등법원 2015.03.20 2014노636

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

The judgment below

Of the victims G, the part concerning the victim G shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. A. A prosecutor 1) The lower court omitted judgment on the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) due to quasi-indecent act by force, which was prosecuted against the Defendant. 2) In so doing, the lower court did not recognize the Defendant as having committed an act of bringing a face to the face of the victim E, who was diving, to the degree that the Defendant would have satisfy and bring the victim into the face to the degree that he/she would have satisfy his/her infection.

3) Although the victims suffered injury, such as decentralization, depression, and stress disorder due to the Defendant’s quasi-indecent act, the lower court did not recognize the victim E’s mental impulse, which was recognized by indecent act, as an injury even if the victim E’s mental impulse was reasonable. 4) The Defendant, the person against whom the probation order was requested, and the person against whom the order to attach an electronic device was requested (hereinafter referred to as the “defendant”) have high risk of recommitting the sex, and thus there is a incidental disposition against the Defendant. However, the lower court did not recognize it.

B. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Reviewing the part of the allegation of omission in judgment (the grounds of appeal by the prosecutor) and the record reveals the following circumstances.

First of all, the prosecutor initially instituted a charge against the defendant for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age) applying Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act. Articles 8, 7(4) and (3), and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in relation to the crime against the above G during the trial of the court below, Articles 319(1), 29, and 298

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제7조 제3항

-형법 제298조

-형법 제299조

-형법 제319조 제1항

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