성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment with prison labor for two years;
3. The defendant.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and there is no benefit of appeal regarding the part for which the request for attachment order was filed.
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of
2. Summary of grounds for appeal;
A. The Defendant did not know that the victim had a intellectual disability.
B. The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.
3. Determination
A. The facts charged 1) The Defendant, the father of the victim, was aware of the fact that the victim’s father, knew that the hearing disabled person, and lack of the ability to discern things. On April 15, 2015, the Defendant found C and C in the C’s house located in Busan Metropolitan City D (hereinafter “house”) and used C and alcohol for the first time, and her father E (27 years old, intellectual disability, and intelligence index 52) was the victim E (hereinafter “C”) who was his/her father.
The Defendant, while drinking with the victim, knew that the victim has weak ability to discern things and expressed opinions as a mentally disabled person, and C has insufficient ability to protect the victim, and used it to have sexual intercourse or indecent act with the victim.
A) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) (1) The Defendant, at the above house around April 15, 2015, 19:30, provided that the Defendant would drink the victim with C.
At the same time, the defendant sits on the side of the defendant, and the victim's buckbucks did not buck the victim's spucks in a timely manner by drinking the victim's indecent act.
(2) On April 16, 2015, the Defendant: (a) was victimized by the injured party in the above house on April 16, 2015.