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(영문) 광주고등법원 (전주) 2014.09.30 2014노144
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, three years of suspended execution, and 80 hours of an order to attend sexual assault treatment programs) is too uneasible and unreasonable.

B. It is unreasonable for the court below to impose an order to disclose or disclose personal information on the defendant, even though there are no special circumstances that may not disclose or notify the defendant's personal information in violation of an order to disclose or notify such information.

2. Determination

A. In light of the circumstances such as the Defendant’s indecent act by force against the victim with intellectual disability 3 in order to satisfy his/her sexual desire, and the act of similarity is not good in light of the method and content of the crime, the degree of damage, etc., and the victim’s mental impulse and sexual humiliation suffered from the crime of this case appears not to be negligible, the necessity of strict punishment corresponding to his/her responsibility is recognized.

However, on the other hand, the circumstances such as the confession of the crime of this case by the defendant, the victim did not want the punishment of the defendant under the agreement with the defendant, the defendant did not have any history of punishment for the same sexual crime, and that people around the defendant want to take the action against the defendant, fall under the circumstances that should be favorable or taken into account.

In light of the aforementioned various circumstances, there seems to be no change in special circumstances that could change the sentence of the lower court when it comes to the trial, and in full view of the Defendant’s age, character and conduct, family environment, motive and background of the crime, means and method of the crime, the situation before and after the crime, and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, the sentence imposed by the lower court against the Defendant is too uneasible.

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