수원지방법원 2015.06.11 2015노2131



The defendant's appeal is dismissed.


1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) against the defendant, and the fact that the defendant is a disabled person of Grade II intellectual disability, the sentence of the court below that sentenced six months of imprisonment is too unreasonable.

2. The judgment of the court below was rendered on January 31, 2013 by the defendant sentenced one year to imprisonment due to indecent act, etc. at the Sungwon District Court Branch Branch Branch Branch, and there are two times the records of criminal punishment during the repeated crime period, and the victim committed the crime of this case during the repeated crime, and the victim wants to punish the defendant. In light of the motive and background of the crime of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant’s character, conduct and environment, etc. as stated in the records and arguments of this case, considering all the circumstances alleged in the grounds for appeal, it cannot be said that the sentence of the court below

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, according to the records, the judgment of the court below is obvious that there are some errors in the following, and thus, the summary of the evidence is "1.

1. The list of seizure;

1. It shall be corrected that an investigation report (a report on confirmation of criminal records) is added;