logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.19 2013노427
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. In full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, family environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, the defendant's above assertion is justified, and the prosecutor's above assertion is without merit.

3. If so, the defendant's appeal is reasonable, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 299 of the Criminal Act concerning the crime.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. The reasons for sentencing under Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined as indicated in the Disposition for the same reason.

arrow