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(영문) 광주고등법원 2018.05.17 2018노3

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

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The defendant's appeal is dismissed.

Reasons

1. The crime of this case regarding the defendant's unfair argument of sentencing is subject to the crime of the disabled who requires social protection, and the nature of the crime is very bad, the victim is pregnant and gives birth to the defendant, and the victim with mental disability 1 is virtually unable to raise the child, and the victim seems to live in the future due to considerable mental impulse and pain. Nevertheless, the defendant does not seem to have any strong intent or effort to have the victim failed to receive a letter of tolerance and to take responsibility for the baby who was born, and the victim wanted to take a strict punishment against the defendant in the records and arguments of this case. In full view of all the factors of sentencing, considering the fact that there are no criminal records of the same kind or suspension of execution of sentence among various factors of sentencing, and the defendant's favorable treatment to the defendant, it cannot be said that the punishment of the court below against the defendant is excessive and beyond the reasonable scope of discretion.

Defendant’s assertion that the sentence of the court below is unreasonable is rejected.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.