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Reasons
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(영문) 부산고등법원 (창원) 2014.07.30 2013노396
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the grounds of unreasonable sentencing (such as a fine of KRW 15 million) is too unhued and unreasonable.

B. The judgment of the court below that dismissed the request for attachment order since the defendant's rejection of the attachment order is recognized to pose a risk of recidivism.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is deemed to have been committed by the victim of sexual assault against the victim of 47 years of age who is intellectual and physical disability as the family head of the defendant. The crime of this case seems to have been committed by the victim, who is in a state where the victim cannot defend himself properly due to physical and mental disorder. Nevertheless, the defendant, who denies the crime, stated that the victim who has not her mind is not aware of the crime, is in bad faith, and that the victim who has not her mind is in bad faith, there is insufficient anti-discrimination color suggesting the sentencing guidelines, thereby causing secondary damage to the victim. The crime of this case is found to have been committed by the victim who wanted to harsh punishment against the defendant, on the basis of the fact that the victim did not agree or have been able to obtain his consent with the victim, and that the victim was sentenced to imprisonment with prison labor for August 2, 1997 due to the violation of the Punishment of Violences, etc. Act and the obstruction of execution of official duties, etc., and the crime of violence in the crime of this case of this case was sentenced to imprisonment for up to 10 years.

However, although it is not determined to the degree of mental disorder, the crime of this case was committed while under the influence of alcohol, the crime against the victim was committed once, and the method and degree of indecent act was not much excessive, and evidence and evidence that was present at the pleading.

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