(영문) 제주지방법원 2019.03.28 2018노740 | 리걸엔진

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(영문) 제주지방법원 2019.03.28 2018노740

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence of the lower court against the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case, in light of the background, mode, and circumstances after the crime of this case, even though the defendant was found to have a drinking alcohol at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.

(P) Even if the Defendant was in a state of mental disability, the Defendant may not be subject to mitigation of punishment due to mental or physical disability pursuant to Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant who committed sexual crimes under the influence of alcohol.

After the commencement of a criminal trial, the Defendant filed a written request with the victim, against the instant crime, and subsequently deposited KRW 8 million for the victim during the proceedings in the trial.

The defendant has been working for a long time as a chemical, and many people have also complained of the defendant's wife.

The defendant is 70 years old, and the defendant is not healthy due to crypology and urology.

However, the form and nature of the instant crime are not very good, and the victims who were in the third year of middle school at the time were physically and mentally suffering.

Victim and family members consistently want to punish the defendant's strict punishment.

In addition, comprehensively taking account of all the sentencing conditions shown in the instant pleadings, such as the character, conduct, family relationship, circumstances after the crime, and result of the crime, it is not recognized that the sentence of the court below is too unreasonable. Therefore, this part of the Defendant’s assertion is without merit.

However, the judgment of the court below is just one.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제20조

유사 판례

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