성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
The court below rendered a judgment dismissing the prosecutor's request with respect to the part of the defendant's case and the part of the case for which the request for attachment order was filed. Accordingly, the defendant appealed only to the part of the case for which the request for attachment order was filed. Thus, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no interest in appeal, this part shall
Summary of Grounds for Appeal
The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.
Judgment
The crime of this case is committed with sexual intercourse with a victim of intellectual disability 2 by taking advantage of the victim's disability condition, and the nature of the crime is bad, and the victim seems to have suffered considerable physical and mental pain due to the crime of this case, and the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.
On the other hand, the circumstances favorable to the defendant are as follows: (a) the defendant recognized the crime of this case as late as the defendant was in the first instance; (b) the defendant seems to be somewhat lacking in judgment or self-regulation as a disabled person of Grade III with intellectual disability; and (c) the defendant has no criminal record of punishment exceeding the same criminal record or suspended execution.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, etc., although the sentence imposed by the lower court against the Defendant was lower than the lower limit of the recommended sentence range (one to nine years of imprisonment) according to the sentencing guidelines set by the Supreme Court Sentencing Committee, it is deemed that the sentence was somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.