성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for two years.
80 hours per the defendant.
1. Summary of grounds for appeal;
A. The lower court’s sentencing (one year of imprisonment, 80 hours of order to complete a sexual assault treatment program, 3 years of disclosure order) is too unreasonable.
B. (1) The lower court’s sentencing is too uncomfortable.
The judgment of the court below which dismissed the defendant's order to attach a location tracking device on the ground that he/she again commits a sexual crime in light of the fact that he/she had been sentenced to suspension of indictment due to mental disorder, which resulted in the indecent act in this case by inducing the victim vulnerable to the crime due to mental disorder, the process of inducing the victim and circumstances after the crime, etc.
2. Determination on the grounds for appeal
A. As to the part of the defendant's case, there is no record of criminal punishment for sexual crimes other than those of which indictment is suspended due to the defendant's confession and reflect on the crime of this case, and the defendant's violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (rape, etc. against the disabled) around 2005. The court below deposited five million won for the victim in the court below, and the defendant made a deposit of five million won for the victim in the court below, which is favorable to the defendant.
However, the crime of this case is committed against a victim who is a intellectual disabled person, who is merely 13 years of age, as the object of the crime of sexual assault. Considering that the nature of the crime is very bad in light of the motive, circumstance, and contents of the crime, the state of the victim, the degree of damage, etc., and that the mental or physical shock that the victim was suffering from the crime of this case seems to have significantly high, and that the defendant, who was investigated as the crime of this case in around 2009, escaped while being investigated as the crime of this case, is still under investigation, and the circumstances after the crime are not good, such as refusing to summon the prosecutor for several years until he is arrested in 2014, it is inevitable to severely punish the defendant.
The age, character and conduct, environment, and post-crime of the defendant.