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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2017.11.09 2017노498
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, etc.) is too unreasonable.

2. We examine the judgment, the circumstances favorable to the defendant, which were shown in the proceedings of the original trial and the trial of the court below [the defendant confessions all of the crimes of this case in the original trial and the trial of the court of original instance, and his mistake is divided in depth.

The Defendant stated that the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is attempted, the Defendant committed the crime is committed, and there is no criminal conviction punished against the Defendant for sexual crimes, and there is no criminal conviction sentenced to imprisonment without prison labor or any heavier punishment, etc.) and the circumstances unfavorable to the Defendant [each of the crimes of this case committed by the Defendant] and the circumstances unfavorable to the Defendant [the crime of this case is committed by the Defendant with the victim and his family members with intellectual disability three times as stated in the facts constituting the crime in the original judgment, such as through deceptive means, and is committed three times in order to have sexual intercourse with the victim through force, and such crime is more serious in light of the details, means, and methods of the crime, and consequence, the relationship between the Defendant and the victim, and the victim. Furthermore, it appears that it is difficult for the Defendant to easily have committed the crime of this case with the victim's physical suffering or mental harm, and thus, it appears difficult for the Defendant to have committed the crime of this case to recover the victim's sexual intercourse with each of this case.

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