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(영문) 부산고등법원 (창원) 2017.08.09 2017노94
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

The Defendant and the Defendant, who requested an attachment order, explicitly withdrawn the assertion of mistake as to facts on the first trial date.

The punishment (five years of imprisonment, and 80 hours of completion of sexual assault treatment programs) imposed by the court below on the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

The above-mentioned sentence, which the court below decided against the defendant in the case of the prosecutor's improper sentencing, is too uneasible and unfair.

It is improper for the court below to exempt the disclosure and notification order, in the absence of special circumstances that may not disclose or notify the personal information of the defendant who was improper to be exempted from disclosure disclosure order.

It is improper for the court below to dismiss the defendant's request for attachment order of this case even though he/she is likely to recommit a sexual crime.

Each of the crimes of this case with regard to the judgment on the defendant's case and the prosecutor's each of the offenses of this case are the circumstances unfavorable to the defendant, such as: (a) the defendant has sexual intercourses with the victim on two occasions by taking advantage of his/her father's mental disability or difficulties in resisting or resisting the victim; (b) the crime is extremely poor; (c) the defendant, as his/her father, is responsible for protecting the victim with disability; (d) he/she has repeatedly sexual intercourses and commits an indecent act, etc. to resolve his/her distorted sexual desire; (e) the victim caused sexual intercourses and humiliations to the extent that he/she has suffered a great mental shock and pain to the extent that it is difficult to recover as well as to relieve himself/herself; and (e) the defendant has been subject to criminal punishment for the crime of bodily injury.

On the other hand, when the defendant was found to have committed each of the crimes of this case against his mistake, the victim does not want the punishment of the defendant, and the defendant.

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