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(영문) 서울고등법원 (춘천) 2019.05.29 2019노8
성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (16 years of imprisonment), the defendant asserts that the sentencing is unfair because the prosecutor is too unfasible.

2. Each of the instant crimes committed by the Defendant, as a teacher of a special school teaching disabled students, is a crime of sexual intercourse with the victims who were under 12 years of age, 13 years of age, and 15 continuously and repeatedly, or by force, for a long time, in order to meet his/her wrong sexual desire not to protect the victims of the disabled students.

In particular, since the opening of the film ‘Don' around 201, the Defendant committed each of the instant crimes since 2014 despite the high social interest and awareness of sex offenses against the disabled students in special schools.

In order to take one's sexual desire, the Defendant did not set the time and place of the class hours, the inside of the computer room, etc., and around September 2017, the Defendant committed a dynamic crime of sexual intercourse with two victims.

This is an anti-human crime, and the nature of the crime is extremely bad.

The defendant's crime of this case shows that the victims suffered from mental impulses and pain which are difficult to measure, and this seems to be an action that is difficult to recover through life, and it seems difficult to form sexual identity and values in the future.

In fact, according to the result of the court's sentencing examination, victim D complained of the criminal liability at the time of counseling treatment, influence against others, stress, and physical pain. The victim E, together with male, puts a letter that "I wish to die by force" is "I want to die by force" in SNS without drinking breath or trying to live in the same space. The victim F, as a result of diagnosis and treatment, was diagnosed by mental and physical stress disorder, mixed anxiety and depression.

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