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(영문) 부산고등법원 2017.07.20 2017노250
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below and the trial of the court of the court below which are disadvantageous to the defendant (the crime of this case committed by the defendant is similar to the defendant's chest of the victim who is a female female of class 2 of intellectual disability as shown in the facts constituting the crime of this case in the judgment of the court below, such as deceiving the chest of the victim, gathering the fingers in the negative part of the victim, etc., and the nature of the crime is very serious. The crime of this case committed by the defendant, the victim's sexual self-determination right was infringed as well as the victim's sexual self-determination right was infringed as a result of the crime of this case committed by the defendant, and the victim seems to have been suffering from legacy until now after being faced with considerable mental shock, notwithstanding the fact that the agreement with the victim or the necessity and sufficient measures to recover from damage have not been taken up until now) in various circumstances favorable to the victim (the confession of

A statement is made by the defendant, and the defendant is committed the crime of this case under the mental and physical weak condition that has reduced the behavior control ability as a person with a mental disability of the third degree who has a mental disability that falls under the middle delay, and the defendant has no criminal record like the defendant and has no criminal record of imprisonment without prison labor or heavier punishment) and the sentence imposed by the court below shall be comprehensively considered in light of all the sentencing conditions shown in the sentencing guidelines including that falling under the lowest sentence among the recommended range of punishment under the sentencing guidelines (two years to six years), and all the sentencing conditions shown in the court below and the court of the first instance, including that falling under the lowest sentence among the sentencing range in the sentencing guidelines (two years to five years), since the sentence imposed by

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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