성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)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 became final.
The court below's scope of adjudication was sentenced to a judgment dismissing the prosecutor's request with respect to a case prosecuted against the defendant in the judgment of conviction, and the defendant appealed only against the defendant. Accordingly, there is no benefit of appeal with respect to the request for attachment order.
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order against the defendant is excluded from the scope of the judgment of this court.
Summary of Grounds for Appeal
The punishment of the court below (three years of imprisonment) is too unreasonable.
Judgment
The scope of recommendations on the sentencing guidelines [decision of a type] the general standards for sex offenses against the disabled (person aged 13 or older) - Types 3 (voluntaryly similar sexual intercourse): The mitigated elements of punishment: [the scope of recommendations] mitigation area; the victim who is vulnerable to the crime - the victim who is vulnerable to the crime - the victim who is not subject to punishment - the general positive factors : The crime of this case which judged that the defendant's health is very good: The crime of this case is similar in light of the method and contents of the crime, and that the crime is very bad in light of the method and contents of the crime, and that the victim's sexual humiliation and mental damage suffered by the victim aged 14 was considered to have occurred.
However, the fact that the defendant has a cerebral disability of grade 5 of the physical disability, who has no record of the suspension of execution or higher, the defendant recognizes his fault late and reflects all of his mistakes, the defendant does not want the punishment of the defendant, and the age, character and conduct, environment, and the crime of this case are committed.