성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for three years.
A sexual assault therapy program against the defendant.
1. Summary of grounds for appeal;
A. Inasmuch as the instant crime was committed under the influence of alcohol, even though it cannot be punished, or the punishment should be mitigated, the first instance court erred by misapprehending this, even though it was impossible to punish the instant crime under the influence of alcohol.
(b) The punishment sentenced by the first instance court (one year of imprisonment, etc.) is too unreasonable;
2. Determination
A. In full view of the records of the instant case’s assertion of mental disorder, it cannot be deemed that the Defendant committed the instant crime under the circumstance that the Defendant was in the status of changing things or losing or lacking the ability to make decisions at the time of committing the instant crime, such as the fact that the Defendant was aware of a little of drinking alcohol at the time, but is well memory of the persons who had been at the time of the Defendant’s office to find the victim at the time.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion of unfair sentencing, the Defendant committed an indecent act by forcing a neighbor to gather his/her fingers in an resistance by using his/her awareness of his/her intellectual disability even though he/she was aware that the victim had a intellectual disability, and thus, constitutes an unfavorable element of sentencing, such as the fact that the crime was very poor and that the victim and his/her family members suffered considerable mental or physical pain, etc.
However, it is recognized that there is a favorable sentencing factor such as the defendant's perception of the crime of this case, the fact that the defendant had committed the crime of this case by drinking alcohol, the fact that he seems to have done the crime of this case by contingency, the fact that he deposited 3 million won for the victim, the fact that he has been sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case on December 30, 1993 until now, 1 year of suspended sentence 2 years of imprisonment with prison labor, 2 million won for the crime of bodily injury on August 12, 2005, there is no other punishment force except for the punishment sentenced, 2 million won for the crime of bodily injury on August 12,
The above sentencing factors and the defendant's age, character and behavior.