성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Error of facts and misapprehension of legal principles are naturally sexual intercourses with victims, and they do not have sexual intercourses by exercising power against victims.
The victim B has almost normal recognition ability and sacity, and the victim C's intellectual disability level is minor, and the defendant had a mental disability to the victims.
The judgment of the court below which found all of the facts charged of this case guilty is erroneous by misapprehending the legal principles.
B. The sentence imposed by the lower court on the grounds that the sentence imposed by the lower court (eight years of imprisonment, forty hours of completion of sexual assault treatment programs, ten years of disclosure and notification order, ten years of employment restrictions on children and juveniles-related institutions and welfare facilities for the disabled) is too unreasonable.
2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant
A. The summary of the facts charged 1) The Defendant is the victim B (math, 45 years of age), C (math, 25 years of age) who is his/her father, and C (math, 25 years of age) and his/her neighbors first known around April 2014, and the victim C is the disabled of Grade III with intellectual disability and Grade II with intellectual disability. The Defendant is only the disabled of Grade III with intellectual disability. From July 2017 to August 2017, the Defendant is the victim’s residence located in Seo-gu, Daegu-gu, Seoul-gu (hereinafter referred to as “the list of crimes”).
(2) As such, the Defendant, through threat of force, had sexual intercourse between the victim B and the victim C on four occasions, and the victim C on two occasions. (2) The Defendant was the one between B (n, 45 years of age), C (n, 25 years of age), and C (n, b5 years of age), and the one having first become aware of around April 2014.
Victim C is a person with a disability of grade II with intellectual disability who has a high possibility of complying with the instructions given under the state of lack of self-harm as a person with a disability of grade C.
around July 2017 and around July 30, 2017, the Defendant, at the Defendant’s residence located in Daegu-gu Seo-gu D, engaged in two-time sexual intercourse with C, who is in a difficult situation to resist due to mental disorder, such as the No. 2 and 3 of the crime sight table.
B. The punishment of sexual crimes, etc. of the relevant legal doctrine No. 1.