(영문) 광주고등법원 2016.10.20 2016노202 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2016.10.20 2016노202

아동ㆍ청소년의성보호에관한법률위반(준강간)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment (two years of imprisonment for a maximum term, one year and six months of short term, and 80 hours of order to complete education) declared by the court below is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. The crime of this case is a case in which the defendant has sexual intercourse with the victim under the age to resist due to the influence of alcohol, and the victim has taken a negative part of the victim's body.

As a result, the victims have suffered serious mental impulses, and have been suffering from serious post-treatment such as attempted suicide over several times.

Nevertheless, since the defendant did not take measures to recover damage against the victim, the defendant did not receive a letter from the victim, and the victim wanted to be punished by the defendant.

However, there are extenuating circumstances that can be considered favorable to the defendant, such as the fact that the defendant has yet to be aged, that all of the crimes have been led to confessions and misunderstandings in depth, that is, the care of grandparents who are not good under circumstances due to parents' in-depth mind, and that they have been living under difficult circumstances, such as getting up up to the middle of high school, and that there is no history of other criminal punishment in addition to the one-time suspension of guidance.

In full view of all the sentencing conditions of the defendant's age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the above sentence imposed by the court below cannot be deemed to be too heavy or unreasonable to the extent that it should be reversed, and the defendant's assertion is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion are dismissed in entirety on the grounds of merit.

유사 판례

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