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(영문) 서울고등법원 2017.07.11 2017노1364
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is unfair because the sentence (7 years of imprisonment, 120 hours of order) imposed by the court below on the defendant is too unreasonable.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

It is unfair for the court below to exempt the defendant from the disclosure disclosure notification order.

Judgment

It would be favorable to the defendant that there is no history of sexual assault against the defendant in determining the illegal argument about the sentencing of the defendant and the prosecutor, that the defendant left the victim to the Infant Care Center and brought up the victim, even under difficult circumstances, and that all of the crimes of this case are against the defendant's mistake while recognizing the crimes of this case.

On the other hand, although the defendant, as a part of the victim with intellectual disability 16 years of age 3, has a responsibility to protect and induce the victim to form a sound sexual values and identity, he/she has sexual intercourse with the victim several times over a year and 3 months by using the victim's intellectual disability state to meet his/her own sexual desire. In light of the relationship between the defendant and the victim, the details and circumstances of the crime, etc., the crime is very heavy.

The victim, from the early childhood to the first grade of high school, was able to grow away from the parent and the child care center, and was able to obtain an opportunity to live in the family fence. However, at the time of the past, the victim was faced with the crime of this case from the defendant at the time when the victim had suffered a large physical mental shock and pain along with a considerable sense of sexual shame, and such pain seems to be difficult to recover easily.

Nevertheless, the defendant has not received a letter from the injured party.

Such circumstances are disadvantageous to the defendant.

Sentencing compared to the first instance court.

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