성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault against the defendant for forty hours.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months, etc.) is too unreasonable.
2. The Defendant, while living in the same village for 4 to 50 years, committed an indecent act on several occasions by being aware of the fact that the victim was vulnerable to the crime due to intellectual disability, committed an indecent act on several occasions, and committed a crime by abusing the victim’s obstacle condition, such as indecent act, etc. without chest on the part of the victim who is highly vulnerable to intellectual disability 2. In light of the details and methods of each of such crimes, relationship with the victim, the state of the victim, etc., such crime is very difficult.
Although the victim caused a considerable mental pain and a sense of sexual shame due to the instant crime, the victim who has a intellectual disability seems to be able to take the responsibility in the course of the investigation.
However, on the other hand, the defendant shows the attitude to recognize and reflect each of the crimes in this case.
The victim shall be paid 5 million won to the victim and the victim does not want to be punished by the defendant, and there is no record of punishment exceeding the same kind or fine to the defendant.
The defendant was trying to dispose of the Poter vehicle used in the course of committing the crime, and in compliance with the contents of the agreement, such as prohibition of access to the victim, etc., he seems to have paid attention and effort so that the victim can lead a normal life in the village.
In addition, village residents submitted a written application to the defendant to seek the defendant's preference.
In full view of such circumstances as the age, health status, sexual conduct, environment, motive for the crime and circumstances after the crime, the sentence imposed by the court below is somewhat inappropriate.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.