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(영문) 서울고등법원 2021.03.19 2020노1740
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

Reasons

Summary of Reasons for appeal

A. The Defendant was aware of the victim’s verbal disability, and did not know that there was any intellectual disability.

The defendant, by agreement with the victim, has sexual intercourse but does not have sexual intercourse with the victim by force.

B. The punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable considering the fact that the illegal criminal defendant has no record of being punished as the same kind of crime.

(c)

It is improper for the court below to order employment restrictions to the improper defendant, even though there are special circumstances that should not restrict employment.

In the facts charged at the trial of the party, the prosecutor of the judgment ex officio found that the defendant was mixed with the victim on May 10, 2020, and induced the victim to the above residence of the defendant, taking advantage of the fact that the victim cannot actively respond to the defendant's action due to intellectual disorder, the defendant laid off the victim's clothes at the bed, exempted the victim from all of the victim's clothes, and put the victim's sexual organ into the part of the victim's sexual organ into the part of the victim.

around 17:00 on May 10, 2020, the Defendant: (a) discovered that a person who suffered damage was mixed with a brupt; (b) induced the victim to the above residence of the Defendant; (c) used that the victim was unable to actively respond to the Defendant’s behavior due to intellectual disorder; (d) led the victim’s hand to the above room; (c) led the victim into the bed and panty to the bed; (d) led the victim to the bed; and (e) led the victim to the bed and panty to the bed; and (e) led the victim to the bed and the Defendant’s sexual organ into the part of the victim.

Since the judgment of the court below was changed to "," and the subject of the judgment was changed to the same time, the judgment of the court below was no longer maintained.

However, even if there are reasons for the above ex officio reversal, the above indictment has been more concrete.

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