(영문) 광주고등법원 (전주) 2014.11.04 2014노196

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(영문) 광주고등법원 (전주) 2014.11.04 2014노196

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable that the sentence of the lower court on the part of the Defendant’s case (three years of imprisonment, four years of suspended execution, 80 hours of an order to attend sexual assault treatment courses, 5 years of an order to disclose and notify information) is too unfluent.

B. The judgment of the court below that dismissed the defendant's request for attachment order even if the defendant's request for attachment order is found to pose a risk of repeating sexual crimes.

2. Determination:

A. The crime of this case in the part of the defendant's case is not only the defendant has sexual intercourse with the victim who is in a state of difficulty in resisting or resisting due to mental disability, but also the victim's pregnancy and giving birth to the child as a result of the crime of this case, and its nature is very good. Furthermore, the defendant committed the crime of this case while being tried for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in that he committed the crime of this case.

However, if the court below examines the defendant's punishment at the time of the trial at the time of the trial in consideration of the case where the defendant was judged simultaneously with the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in the records and pleadings, including the circumstances favorable to the defendant, such as the fact that the defendant did not want the punishment of the defendant, the defendant appears to have caused the crime of this case in light of the mental disorder of grade 2 of intellectual disability, and the fact that the defendant generally recognized the crime in lieu of the defendant and reflects the fact that the defendant recognized the crime, etc., by agreement with the victim and the victim, and the defendant was judged simultaneously with the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and other various sentencing conditions, it cannot be deemed unfair because the sentence imposed

(b).

참조조문

-형법 제51조

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