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(영문) 부산고등법원 2015.04.01 2014노785

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering that the Defendant’s mistake is against himself and there is no same criminal history, the sentence of the lower court’s sentence (a fine of KRW 20 million, etc.) against the Defendant is too unreasonable.

B. In light of the fact that the case of the instant crime committed by the prosecutor was not serious and damaged, the sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant led to the confession of all of the instant crimes; (b) the Defendant had three criminal records; (c) the Defendant has been sentenced to a fine for dual type, and has not committed a crime since 1985; (d) the Defendant was aged, with the disability of the third degree due to cerebral disease, and the left-hand body of the disabled; and (e) the Defendant was in a state of inconvenience to move

On the other hand, the crime of this case is committed repeatedly by force against the victim, who is a intellectual disabled person, the defendant helps him, and the nature of the crime is not weak, and the damage recovery is not completely performed.

Considering such circumstances and all other conditions of sentencing as stipulated in Article 51 of the Criminal Act, it is not deemed that the sentence of the lower court is too heavy or unhued so that the discretion of sentencing was exceeded.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.