성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal asserts that the lower court’s punishment (a prison term of three years, 40 hours’ orders to complete sexual assault treatment programs, 5 years’ orders to disclose and notify sexual assault treatment programs, 3 years’ employment restriction orders) is too unreasonable.
2. Each of the instant crimes, which is an assistant nurse to protect the socially weak, is not good for the Defendant to have committed indecent acts by force on several occasions against minors or older persons who have intellectual disabilities vulnerable to the crime in order to understand them and satisfy their own sexual desire.
The victims seem to have suffered from mental pain due to the crime of this case.
Furthermore, on January 28, 2015, the Defendant was sentenced to imprisonment on January 28, 2015 with two years and six months of suspension of execution and three years of suspension of execution.
Therefore, there is a need for strict punishment corresponding to the criminal liability to the accused.
This is disadvantageous to the defendant.
However, the Defendant recognized each of the crimes of this case.
The defendant does not want to punish the defendant by mutual consent with the victims.
On June 26, 2017, due to the injury that the defendant suffered on March 28, 2011 while serving in the military, intelligence is immanent with boundary intelligence, is likely to cause shock, and such attack seems to have influenced each of the crimes of this case.
On February 27, 2012, the Defendant was diagnosed with (Partially), special cerebral cerebral typhism, cerebral typhism, cerebral typhism, cerebral typhism, and received continued medical treatment.
Since the defendant was detained on August 23, 2019, the defendant has been living in prison for about seven months until now, and his mistake has been repented in depth.
In consideration of the risk of recidivism, the accused retires from a sanatorium for the elderly, and is going to receive continuous medical treatment for symptoms such as impulse impulse disorder in the future.
This is favorable to the defendant.