logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2018.11.21 2018노531
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness at the time of committing the instant crime on the grounds that he had a disability in shocking impulse and intelligence degradation.

B. The sentence of the lower court’s improper sentencing (long-term 3 years of imprisonment, short-term 2 years and 6 months of imprisonment, and 40 hours of order to complete the course) is too unreasonable.

2. Determination

A. According to the records as to the assertion of mental and physical weakness, the fact that the defendant was diagnosed with the impulse disorder after the crime of this case is recognized.

However, in light of the records of the Defendant’s past crime, the background and method of the instant crime, the means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant received juvenile protective disposition twice as the same type of crime prior to the instant crime, which are similar to the instant crime and the method of the instant method, as the case was committed in crepansing sexual intercourse or forced indecent act with female students, and the Defendant, at the time of the first police investigation, seems to have denied the entire instant crime at the time of the first police investigation, and the Defendant appears to have led to a confession because he was able to know about his conscience, and the Defendant made a statement by memory to some extent to the extent, does not seem to have reached a state where the Defendant had the ability to discern things or make decisions at the time of the crime.

Defendant’s assertion is without merit.

B. As the Defendant is a juvenile, the sentencing guidelines do not apply to the wrongful argument of sentencing.

The Defendant, while making a confession to commit the instant crime, is against himself.

At the time of committing the crime, the defendant seems to have not yet established the sexual concept and values as a juvenile under 17 years of age.

The defendant has no history of criminal punishment.

The family of the defendant will lead the defendant to the right direction in the future in the original trial and the party trial.

As a result, it is relatively clear that there is a social relation, such as appeal for the wife.

arrow