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(영문) 부산고등법원 (창원) 2015.09.16 2015노229
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be 40 hours.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, 40 hours of order) imposed by the lower court is too unreasonable.

2. The facts constituting the instant crime and the crime (in full view of the evidence duly adopted and examined by the original trial, evidence rules, evidence rules, and legal principles, the Defendant’s intentional indecent act by compulsion is also acknowledged) acknowledged by the evidence, evidence rules, and legal principles are found to constitute an unfavorable sentencing factor or objective and neutral sentencing factor, such as: (a) the Defendant’s finding the victim at his neighbor’s home in indecent act by compulsion of the victim suffering from mental disorder (class III); (b) the nature of the crime is bad; and (c) the victim appears to have suffered

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the fact that the defendant appears to have committed the instant crime contingently, that the defendant has no history of criminal punishment, that the defendant has paid and agreed to compensate for part of the damage to the victim in the course of investigation, that the defendant has already paid and agreed again after the decision of the court below, that the victim wanted to have the prior action against the defendant, that the defendant is older than 7 years old, that the defendant was seriously contradictory to the facts charged in the instant case, and that the defendant has reached the final trial.

In full view of the aforementioned factors of sentencing and sentencing guidelines, and the statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person with a disability) and the applicable sentences, the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is justified.

- [The principal basis for the judgment of both punishment]

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