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(영문) 서울고등법원 2017.08.17 2017노1192
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below regarding the attachment order is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. It is recognized that the defendant's mistake is divided into his or her old age.

However, the crime of this case is deemed to have sexual intercourse over several occasions with a victim who has a physical or mental disability by force by the defendant, and the nature of the crime is not good. The crime of this case was committed with considerable mental suffering and pain to the victim, the defendant did not agree with the victim up to the depth of the party, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, are considered. Thus, the above argument by the defendant is without merit.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 16 (2) of the Criminal Procedure Act. However, the defendant's appeal is clearly a clerical error in Article 16 (2) of the Criminal Procedure Act, since it is obvious that the defendant's appeal is a clerical error in Article 16 (2) of the Criminal Procedure Act, it is corrected under Article 25 (1) of the Rules on Criminal Procedure.

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