성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant with mental disorder was a third degree disabled person with intellectual disability, and was in a state of mental disorder at the time of committing each of the instant crimes.
B. The sentence sentenced by the lower court to the Defendant (seven years of imprisonment, etc.) is too unreasonable.
2. Determination
A. We examine the argument about mental disorder in light of the following: (a) the process and content of each of the crimes of this case, the means and method of the crime; (b) the circumstances before and after the crime; (c) the Defendant’s statement in the investigative agency; and (d) the Defendant’s report on the result of mental appraisal in the preparation of a medical care and custody center (the summary is that even if the Defendant is presumed to have been in a state of “the mental retardation” at the time of each of the crimes of this case, the ability to distinguish things and decision making ability are presumed to have been relatively sound at the time of each of the crimes of this case; and (d) the Defendant was in a state that
It does not seem that it does not appear.
Therefore, this part of the defendant's assertion is without merit.
B. As to the unfair argument of sentencing, there are cases where: (a) the defendant confessions all of the crimes of this case in the original trial and the court of original trial; and (b) his mistake is divided in depth.
Although there are no circumstances to consider, such as the statement and the fact that the defendant does not have the same criminal record, each of the crimes of this case committed by the defendant was committed by the victim who is his or her relative with intellectual disability as stated in the judgment of the court below (an indecent act against the victim D once and once every time, and an indecent act against the victim C once and once every time), the crime is very serious in light of the details, means and method of the crime, and the relation between the defendant and the victims, and the victim's relationship. The crime of this case committed by the defendant is committed by each of the crimes of this case.