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(영문) 부산고등법원 2018.08.29 2018노154
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
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.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a intellectual disabled person, suffered from a disability with excessive behavioral disorder (ADD), shock disorder (ADD), and shock control disorder, etc., and due to such disorder, the Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. The Defendant asserted to the same effect as the lower court’s judgment on the assertion of mental disorder.

In light of the evidence adopted by the court below, the court below rejected the defendant's and defense counsel's assertion on the ground that the defendant was not in a state of mental or physical weakness at the time of committing the crime of this case, considering the contents and progress of the crime of this case, the defendant's attitude and statement at the time when he was investigated by the police and the prosecutor's office due to the crime of this case, and the fact that the defendant was entering H school major for preparing employment of the persons eligible for special education, and that he was living in this case.

The judgment below

Examining the reasoning in comparison with the records of trial, the judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal by the defendant or defense counsel, the defendant's mental and physical disorder and adversely affected the judgment.

subsection (b) of this section.

3. We examine ex officio prior to the determination of the Defendant’s improper assertion of sentencing.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “Act on the Protection of Children and Juveniles against Sexual Abuse”) which uniformly provides for the restriction on employment of children and youth-related institutions, etc. for a ten-year period for a sex offense against children, juveniles, or adults, and Article 56(1) and (2) of the same Act are amended by the court.

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