성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the attachment order claim while rendering a judgment of conviction against the defendant, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case of the attachment order claim.
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 application for attachment order to the defendant is excluded from the scope of the judgment of this court, and only the defendant's case falls under the scope of the judgment of this court.
2. The summary of the grounds for appeal (a two-year imprisonment) by the lower court (a three-year imprisonment) is too unreasonable.
3. The crime of this case in light of the following facts: (a) the victim, who had a physical or mental disability that the defendant first learned in a restaurant, committed indecent act by compulsion in the toilet; (b) the victim had sexual intercourse by force following the house of the victim; and (c) the victim attempted to have sexual intercourse with the victim by force from the toilet of the restaurant for long time; (d) the nature of the crime is not weak in light of the content of the crime; and (e) the victim appears to have suffered considerable mental shock and pain, it is necessary to punish the defendant accordingly.
However, the extent of the type of force used by the defendant during the crime of this case is not relatively more severe, and all of the crimes have been recognized and reflected in the trial. In the case where the person in trust relationship with the victim was present, the victim did not want the punishment against the defendant, and there are other circumstances that can be considered in light of the circumstances, such as the fact that the defendant did not want to be subject to heavy criminal punishment in addition to the fine, and that he is supporting the mother, five children, and the wife, and the age, character, character, and environment of the defendant.