성폭력범죄의처벌등에관한특례법위반(장애인준강간)
The judgment of the court below is reversed.
Defendant
In addition, a person requested to attach an attachment order shall be punished by imprisonment for not more than three years and six months.
Defendant
(b).
Summary of Grounds for Appeal
As to the sentence (five years of imprisonment) sentenced by the lower court, the Defendant and the person requesting the attachment order (hereinafter referred to as “Defendant”) are asserting that the sentence is too unreasonable, and the prosecutor asserts that the sentence is too unreasonable.
In light of various sentencing conditions on the records, such as the victim’s age, character and behavior, environment, motive, means and consequence of the crime, etc., which are favorable to the victim’s family members, such as sexual intercourse planned by using the victim’s intellectual disability and sexual intercourses, which are disadvantageous to the victim’s situation, including the fact that the nature of the crime is extremely poor, and that there is no record of criminal punishment heavier than that of the same criminal record or fine, the victim cannot be confirmed as being seriously disabled, but the victim’s family members cannot be confirmed as being the victim’s intellectual disability. However, the victim’s payment of KRW 20,00 to the victim’s family members does not want the defendant’s punishment, and the social relation is obvious, and other favorable circumstances such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the prosecutor’s argument of unfair sentencing is without merit,
According to Article 9(5) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for the judgment on the part regarding the claim for attachment order, the part concerning the claim for attachment order to be issued simultaneously after examining the case in question, as long as the above grounds for reversal exist, shall also be reversed.
(2) Article 364(6) of the Criminal Procedure Act, and Articles 9(5) and 35 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, on June 28, 2012 (see, e.g., Supreme Court Decisions 201Do5291, Jun. 28, 2012).