(영문) 대전고등법원 2014.03.21 2014노27 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2014.03.21 2014노27

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The judgment below

The guilty portion shall be reversed.

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

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. According to the mistake of facts, the judgment of the court below which acquitted the defendant of this part of the facts charged, even though the defendant was found to have committed an indecent act against the victim on June 2, 2013, is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

B. The lower court’s sentencing (ten months of imprisonment, two years of disclosure and notification order) is too unjustifiable and unreasonable.

2. The summary of this part of the facts charged as to the assertion of mistake of facts is as follows: (a) the Defendant, around June 2, 2013, invaded upon the victim’s residence on June 2, 2013, committed an indecent act by force against the victim’s will by deceiving her arms and tam, etc. (Indecent act by force by force); (b) the Defendant, in the same place and place, committed an indecent act by force against the victim’s will because he/she sold his/her arms and her t

(Indecent Acts by compulsion of Persons with Disabilities). The lower court acquitted the victim of the primary and conjunctive charges on the grounds that it is difficult to believe that the victim’s statements made by the police on June 21, 2013 and the victim’s mother’s statements made in E’s original trial by the lower court, which are part of the facts charged, are more reliable (see, e.g., Supreme Court Decision 2006Da1548

Examining the reasoning of the lower judgment in comparison with records, the lower court’s fact-finding and judgment are acceptable.

3. The Defendant’s determination on the assertion of unfair sentencing is not a good situation after the crime is committed, such as compelling the victim vulnerable to the crime to resist or refuse due to the mental disability of class 2 of intellectual disability, and the nature and circumstances of the crime are not good. The victim of the same apartment without being aware of the crime and his mother, approaching the victim of the same apartment without being aware of the crime, and confirming the reporting fact to the female.

The victim and his mother have considerable mental suffering due to the crime of this case.

유사 판례

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