성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
The defendant's appeal is dismissed.
The court below dismissed the prosecutor's request for attachment order while pronounced guilty on the part of the defendant's case, and only the defendant appealed.
Therefore, the part of the judgment below regarding the claim for attachment order among the judgment below is without a benefit of appeal, and despite Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part regarding the claim for attachment order among the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to
The decision of the court below on the summary of the grounds for appeal (four years of imprisonment and 120 hours of completion of sexual assault treatment programs) is too unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the following are favorable to the Defendant: (a) the Defendant appears to reflect the wrongness while jointly committing the crime; (b) the victim does not want the punishment of the Defendant by mutual consent with the victim; (c) the primary offender who has no record of crime; (d) the mother and mother of the aged; and (e) the support of the mother and mother of the aged; and (e) the family and branch of the person complaining for the
On the other hand, the crime of this case is committed in the medical care center operated by the defendant, by transmitting obscene pictures and comments to the victim who works with intellectual disability and hearing impairment six times, by force three times, and by indecent act six times. The crime of this case is highly likely to be criticized in that the nature and circumstances of the crime are heavy and bad in light of the details and methods of the crime, frequency of the crime, and the relationship with the victim, etc., and in particular, the disabled person who lacks judgment ability and ability to protect sexual identity is subject to the sexual satisfaction of the defendant, and the victim seems to have suffered a huge mental impulse and sexual humiliation, etc., thereby, are disadvantageous to the defendant.
As above, the defendant is favorable or unfavorable to the defendant.