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(영문) 부산고등법원 2017.02.09 2016노693
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of four years and the order to complete a sexual assault treatment program 80 hours) is too unreasonable.

2. In full view of the factors and sentencing guidelines revealed in the sentencing review process of the lower court’s determination, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, which mainly takes into account the following factors: (a) the content of the instant crime (the fact that a victim with a intellectual disability has been sexual intercourse by force twice); (b) the degree of tangible power exercised in that process; (c) the victim’s suffering; (d) the victim’s agreement with the victim; and (e) the Defendant’s reflector

It cannot be assessed, and there is no reason or material to see that it is unfair to maintain the sentencing of the original court in the course of the trial of the original trial (in the first instance trial, the defendant paid an additional amount of KRW 500,000 to the victim, and the victim submitted an application to the same effect as the victim gave a prior notice to the defendant, and the testimony to the same effect is not derived any change in circumstances that can reverse the original judgment). 3. Accordingly, the defendant's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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