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(영문) 광주고등법원 (제주) 2017.12.20 2017노70

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Not only falls under the third degree of intellectual disability but also the court below did not recognize the mental and physical weakness, which are the grounds for legal mitigation, since the defendant was in a state of drinking alcohol at the time of each of the crimes in this case, and thus, the court below erred in the misapprehension of this point, which affected the conclusion of the judgment.

B. In light of the fact that the punishment of the lower court (the completion of the sexual assault treatment program for 7 years and 80 hours) declared by the lower court is too unreasonable, in light of the fact that the criminal facts of the lower court are recognized and wrong, the Defendant suffers from intellectual disability, and the victims are trying to reach an agreement with the victims.

2. Judgment on the grounds for appeal

A. As to the assertion of mental and physical weakness, the Defendant alleged in the lower court that he was physically and mentally weak at the time of committing each of the instant crimes as persons with disabilities with intellectual disability 3, but the lower court rejected the Defendant’s allegation on the ground that even if the Defendant had a certain level of intellectual disability, it cannot be deemed that the Defendant did not change the right at the time of each of the instant crimes, or did not have a weak ability to make a decision, in light of various circumstances regarding the background, means and methods of each of the instant crimes, the circumstances before and after the instant crimes.

In light of the record, a thorough examination of the evidence relationship of this case reveals that the above judgment of the court below is just, and this is likewise applicable to the defendant's assertion in the trial that he had drinking at the time of each of the crimes of this case, even considering additional arguments (the defendant under investigation by an investigative agency). As to the whole crime of this case, including the background of each of the crimes of this case, the situation at the time, and the attitude of act, it is considerably specific and detailed as a substitute, except for the part that is not partially memory due to the passage of time.