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(영문) 대구고등법원 2016.07.07 2016노157
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the Defendant case, the Defendant committed the crime of coercion, rape, or similar rape against the victim who became aware of in the course of performing his duties as a police officer. In particular, the Defendant’s crime is very heavy in that it is a young female under the age of 19 who is 19 years with the negative nature in that the victim’s intellectual ability is somewhat lacking compared to the general public, and the victim’s clothes with depression from the first year to the first year of middle school.

The victim seems to have suffered a great sexual humiliation and mental suffering.

Nevertheless, the defendant had sexual intercourse under the agreement between the police and the victim at the initial stage of the prosecution investigation.

In addition, it was urgent to conceal the crime, such as the vindication of the defense, and it was also urgent.

On the other hand, the defendant is committing a crime in the judgment of the court below and in the trial of the party.

In agreement with the victim, the injured party does not want the punishment of the defendant.

The defendant was appointed as a police officer in 199 and has served relatively in good faith until now, and has no record of crime.

The defendant is the most supported by his wife and children, and his family and branch want to have the wife of the defendant.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem that the sentence imposed by the Defendant is too heavy or unreasonable.

Therefore, the defendant and the prosecutor.

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