성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for four years.
80 hours per the defendant.
1. The court below found the Defendant guilty on the part of the case for which the request for attachment order was filed, and dismissed the prosecutor’s request regarding the part of the case for which the request for attachment order was filed. Since only the Defendant appealed on the part of the judgment below, the Defendant did not have any interest in appeal as to the part for which the request for attachment order was filed, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc.
Therefore, the part of the request for attachment order is excluded from the scope of this court's trial.
2. Summary of grounds for appeal;
A. Error 1) The Defendant, with the implied consent of the victim, has taken a sexual intercourse with the victim and taken the body, and did not exercise the force to suppress the victim’s resistance. In light of the fact that the Defendant and the victim, at the time of entering the Defendant’s home, were children of the Defendant’s house at low time, or that the Defendant could not have forced the victim to move into the house in light of the environment and distance surrounding the Defendant’s residence. (ii) The victim was judged as disabled 10 years prior to around 10 years, but did not have a big difference with the general public in communication and work capacity, and was doing work at school and work without difficulty. In view of the circumstances where the investigative agency expressed his intention accurately and clearly, it is unclear whether the victim has mental disability.
Since the victim did not talk about the fact that he is a person with a disability in his usual workplace, the defendant could not be aware that the victim had a mental disability.
B. Although there are special circumstances that may not disclose or notify the personal information of the improper accused of the disclosure or notification order, it is unreasonable for the court below to issue an order to disclose or notify the personal information.
C. The lower court rendered an unfair sentencing judgment.