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(영문) 부산고등법원 (창원) 2015.07.08 2015노145
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

1. The sentence imposed by the lower court (six years of imprisonment) is too unreasonable.

2. The crime of this case, which is recognized by the evidence, the evidence, the rule of evidence, and the legal principles (in full view of the evidence and the law of evidence duly adopted and investigated by the original trial, the fact that the defendant exercised his power is recognized), is sexual intercourse with the defendant, knowing that the victim was a intellectual disability in the same Ne Ne that the crime was committed by the defendant, and thus, the crime is bad, and the victim of 14 years of age seems to have suffered a large mental impulse and pain, and the defendant is an adult and the victim is a minor, while the victim is a minor, there is no circumstance to view it as a deviation relationship between the adult and gender or an objective and neutral sentencing factor.

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the fact that the Defendant did not have any force exercised by the Defendant at the time of the instant crime, the fact that the Defendant did not have any force so far, the fact that the Defendant recognized the crime, the fact that the Defendant reached an agreement with the victim when the Defendant was in the trial.

In full view of the aforementioned factors and sentencing guidelines, the statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting against the disabled persons or more), Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, means and consequence of the crime, and circumstances after the crime, etc., the sentence sentenced by the court below is too unreasonable.

Therefore, the defendant's assertion is justified.

- Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities) : sex crime group, general standards, sex crimes against persons with disabilities (at least 13 years of age), and sex crimes against persons with disabilities.

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