(영문) 부산고등법원 2014.07.17 2014노296 | 리걸엔진

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(영문) 부산고등법원 2014.07.17 2014노296

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등

Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal 1) The punishment (one year and six months of imprisonment, and 80 hours of order to complete sexual assault treatment programs) that the court below rendered in light of the various sentencing conditions in the instant case by the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) is too unreasonable. 2) In light of the various sentencing conditions in the instant case by the prosecutor, the above punishment imposed by the court below is too unreasonable

B. Examining the various sentencing conditions in the instant case, the crime of this case was committed by the Defendant first on the victim’s home, sent the victim’s husband to the victim, and then committed an indecent act by taking advantage of the victim’s difficulty in resistance due to the victim’s disability, and committed an indecent act against the victim by making the victim himself/herself an opportunity for 4 hours after the victim’s disability. In light of the content and circumstances of the crime, the crime was very poor. The crime of this case was committed by the victim’s children among the students on the victim’s side, and reported it to the police, and it appears that not only the victim but also his/her children had a serious mental impulse.

However, the defendant is a primary offender with no history of criminal punishment, and the defendant appears to reflect his mistake in depth while making a confession as a substitute for the crime of this case, and does not seem to have exercised a special tangible power in the course of indecent act. In particular, when considering the following factors, considering the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, family relationship, etc., it is recognized that the court below's sentence of imprisonment with prison labor for one year and six months is too unreasonable.

Therefore, it is true.

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