성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
80 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant (the lower court’s judgment on the first instance judgment) was physically and mentally weak at the time of committing the instant crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities).
2) The lower court’s sentence 1 is too unreasonable to impose an unfair sentence.
B. The lower court’s sentence No. 2 of the Prosecutor (as to the lower judgment No. 2 of the lower judgment) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and the judgment of the second court against the defendant was rendered, and the defendant and the prosecutor filed an appeal against each of the above judgment of the court below. This court decided to hold concurrent hearings of the above two appeals. Each of the crimes of the first and second judgments in the judgment of the court of first and second instances is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.
However, the defendant's mental and physical weakness in the judgment of the court of first instance is still subject to the judgment of the court of this Court despite the above reasons for reversal of authority.
3. On the grounds that the Defendant committed a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities) under the influence of mental or physical influence due to the Defendant’s mental or physical weakness and drinking, the lower court mitigated the Defendant’s punishment pursuant to Articles 10(2), 10(1) and 55(1)3 of the Criminal Act. Thus, the Defendant’s assertion on this part on the premise that the first instance judgment did not reduce the mental or physical weakness is without merit.
4. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the pleading is again decided as follows, on the ground that there is a ground for reversal ex officio as seen above.
Criminal facts
The Court shall have jurisdiction over the summary of the evidence and evidence.