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(영문) 광주고등법원 (전주) 2020.02.10 2019노233
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six years.

For the defendant.

Reasons

The court rendered a judgment dismissing the prosecutor's request with respect to a prosecuted case and a request for attachment order. Accordingly, the court appealed only the defendant.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the scope of judgment of this court is limited to the part of the defendant's case of the judgment below.

Summary of Grounds for Appeal

The sentence of the court below that sentenced the defendant 7 years of imprisonment, 80 hours of completion of sexual assault treatment program, 5 years of disclosure and notification order, and 5 years of employment restriction order is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

On May 26, 2006, the lower court determined that the Defendant again committed the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “rape, etc.”) (hereinafter “rape, etc.”) which is a specific violent crime under the Act on Special Cases Concerning the Punishment, etc. of Specific violent Crimes (hereinafter “Specialized Crimes Act”) by having been sentenced to 10 years of imprisonment with prison labor on December 23, 2015, which is within three years after the completion of the execution of the sentence in the Gpool prison on September 23, 2015, and again committed a repeated crime under Article 3 of the Specific violent Crimes Act.

However, with respect to quasi-rape, Article 2(1) of the Specific Crimes Act provides for "quasi-rape (Article 3) committed by carrying a deadly weapon or other dangerous object or by not less than two persons jointly (Article 2(1)3)," "rape and indecent act in Chapter 32 of Part II of the Criminal Act, crimes under Articles 3 through 10 and 15 (excluding attempted crimes under Article 13) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or quasi-rape committed by a person sentenced not less than two times due to crimes under Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse," and the crime of quasi-rape of the

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