성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for four years.
80 hours per the defendant.
1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the conviction, the request for attachment order, and the request for probation order.
Since the appeal was filed only by the defendant, there is no interest in appeal regarding the request for attachment order and probation order.
Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the part of the judgment below regarding the request for attachment order and probation order among the judgment below is excluded from the scope of the judgment of this court, and thus, the scope of the judgment of this court is limited to
2. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.
3. The crime of this case is highly likely to be committed by the Defendant, who is of intellectual disability 2, is sexual intercourse with the victim who is of intellectual disability 2 in the telecom, and commits rapes by force, and lends the check card to another person to obtain the loan, and the nature of the crime is bad and highly likely to be subject to criticism.
The victim seems to have suffered a considerable mental impulse due to the instant crime, and have caused a sense of sexual shame. The victim suffered significant damage, such as being hospitalized in the hospital due to depression, etc.
Until the trial of the case, the defendant did not agree with the victim or receive the letter.
However, when the defendant was in a trial, he recognized the whole crime of this case as well as repented in depth, and there is no criminal conviction against the defendant.
The defendant's reference was killed during the trial of the court below in this case, and his mother is waiting for the support of the defendant.
The defendant deposited a certain amount of money for the recovery of damage with the consent of the victim in the trial.
In addition, the records and arguments of this case, such as the age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, and circumstances after the crime, are revealed.