logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.24 2017노2341
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant (the term of imprisonment of three years, the term of four years, the term of two years, and the term of sexual assault treatment lectures for 40 hours) is too uneasy and unreasonable.

Judgment

Although there is no criminal record against the defendant, the degree of each indecent act against the victim E and H does not seem to have been significantly significant, the fact that the defendant committed self-harm in the course of confinement of the victim H and G, and that the defendant did not directly exercise the force to the victims, and that the defendant denies the intention of indecent act against the victim H, all of the remaining crimes are recognized, and that it is favorable to the defendant.

On the other hand, the crime of this case is likely to be adversely affected by the formation of sexual values and emotional growth in the case of victims E and H, which are merely 11 years old whose sexual values have not yet been sufficiently formed, and were committed by force by force by repeating the chests of victims H, who are merely 13 years old, and committed an indecent act by force by force. The crime of this case is committed by threatening victims H, G, etc., with heavy liability for the crime of this case, and the victims have suffered considerable mental shock and pain due to the crime of this case. In particular, in the case of victims E and H, it seems that they will be adversely affected by the formation of sexual values and emotional growth in the future, and even though the defendant did not receive a letter from the victims,

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the scope of the recommended sentence and the suspension of execution according to the sentencing guidelines set by the Supreme Court’s sentencing committee, it cannot be deemed unfair for the lower court to render a suspended sentence within the scope of the sentence mitigated, but the period of probation observation by the incidental disposition shall be set at two years.

arrow