beta
(영문) 부산고등법원 2013.04.11 2013노97

성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years and six months of imprisonment, 100 hours of sexual assault treatment programs, and 3 years of information disclosure and notification) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are conditions favorable to the Defendant, such as the fact that the Defendant recognized the mistake and reflects the fact that the Defendant did not have the same criminal power, and that there was an old age.

However, each of the crimes of this case is an indecent act committed by the victim, who is an apartment resident of the apartment in which the defendant serves as security guards, by many times by force, and the degree of such indecent act has reached similarity. The nature of the crime is serious; the victim and the victim's family members are expected to receive considerable mental shock; the current society demands strong punishment for sexual crimes against the socially weak, such as the disabled; and taking into account all of the circumstances asserted by the defendant as grounds for appeal, even if considering all of the circumstances asserted by the defendant, the punishment imposed by the court below is too unreasonable. Thus, the defendant's ground for appeal is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.