(영문) 광주고등법원 2015.06.18 2015노204 | 리걸엔진

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(영문) 광주고등법원 2015.06.18 2015노204

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (a fine of KRW 10,00,00,000, and 40 hours’ order to complete a program) is too uneasible and unreasonable.

B. It is improper for the lower court to exempt the Defendant from issuing an order to disclose or notify personal information.

2. Determination

A. The instant case on the assertion of unfair sentencing is an indecent act committed by the Defendant on the part of the Victim’s chest part of the Victim’s chest part, which lacks the victim’s ability to defend due to intellectual disorder, due to the difference between the husband and the husband of the Victim’s house, after receiving the victim’s portrait from the victim’s husband and drinking alcohol, is deemed to have committed an indecent act by extending back the victim’s hand to his part.

However, in full view of the following factors: (a) the Defendant is breaking his mistake in depth; (b) the Defendant appears to have committed the instant crime without much weighting the degree of indecent conduct; (c) the Defendant appears to have not been subject to criminal punishment other than the instant case; and (d) the Defendant appears to have committed the instant crime under the circumstances where the ability to determine due to a cerebral disease is insufficient; and (d) other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, background of the instant crime; and (e) circumstances after the commission of the instant crime, etc., it

B. The lower court’s determination on the unjust assertion of exemption from disclosure or notification of personal information is difficult to readily conclude that the Defendant did not have any history of punishment for a sexual crime, and that the Defendant was likely to commit the instant crime contingently, and that the Defendant is likely to repeat the crime. The lower court’s punishment and the Defendant’s personal information registration, and orders to complete sexual assault treatment programs against the Defendant appear to have the effect of protecting the general public from recidivism prevention and sexual assault crimes. Thus, Article 37(1) of the former Act on Special Cases Concerning the Punishment

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제37조 제1항

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