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(영문) 대전고등법원 2019.05.03 2019노19
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (the two-year suspension of execution, the forty-hour suspension of the execution of imprisonment, the order to attend a lecture, and the order to provide community service for 200 hours) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. We also examine the assertion of unreasonable sentencing by the Defendant and the prosecutor.

The crime of this case committed rapes a victim who is merely 16 years of age using the fact that the defendant has a intellectual disorder with the victim, and subsequently withdraws money from the victim by sending the message to the effect that he would give him an answer, and the crime is not very good.

Considering the fact that the victim suffered a big mental pain due to the crime of this case and experienced difficulties such as transfer to another region, the sentencing of the court below, which sentenced the defendant who did not receive a protective disposition from the victim prior to the instant case, seems to be too unreasonable, even though considering the fact that the defendant shows an attitude to recognize and reflect his mistake, and that there was no record of receiving a protective disposition from the victim prior to the instant case.

However, after the pronouncement of the judgment of the court below, the defendant agreed to pay the agreed amount of KRW 18 million to the father of the victim who committed the crime with his own father and paid the agreed amount. In addition to the fact that the father of the victim submitted a written application to the defendant that the father of the victim was the front wife of the defendant, considering all the sentencing conditions of the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime was committed, etc., the sentence of the court below is not deemed to be too heavy or unreasonable.

Therefore, we cannot accept all the arguments on unfair sentencing by the defendant and prosecutor.

B. The lower court determined ex officio on the period of registering personal information as a sex offense subject to registration on the grounds as stated in its reasoning.

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