성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for eight years.
. against the Defendant.
The summary of the grounds for appeal (mental and physical disorder on the part of the defendant case and unreasonable sentencing) and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") were physically and mentally disabled at the time of each of the crimes in this case, and the punishment (nine years of imprisonment, and ten years of disclosure and notification) imposed by the court below against the defendants case is too unreasonable.
Judgment
According to the evidence duly adopted and examined by the court below on the part of the defendant's case, it is recognized that the defendant was sentenced to six years of imprisonment by the Daejeon High Court on November 3, 2006 due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. of Minors under thirteen years of age) and completed the execution of punishment in the military prison on June 8, 2012, and that the defendant committed each of the crimes of this case within three years thereafter.
However, Article 2(1)4 of the former Act on Special Cases Concerning the Punishment of Specific Crimes (amended by Act No. 12198, Jan. 7, 2014; hereinafter the same) provides that "where each of the crimes of this case constitutes a specific violent crime under Article 2(1)4 of the former Act (amended by Act No. 12198, Jan. 7, 2014; hereinafter the same) by a person who has been sentenced two or more times due to a crime under Articles 3 through 10 and 15 (excluding an attempted crime under Article 13) of the Criminal Act, or a crime under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, or a crime under Article 297, 297-2, 298 through 300, and 305 of the Criminal Act, and Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be deemed a specific violent crime."
Nevertheless, the part of the judgment of the court below that sentenced repeated crimes to each of the crimes of this case pursuant to Article 3 of the former Act on Special Cases Concerning the Punishment of Specific Crimes is added.