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(영문) 광주고등법원 (전주) 2014.03.11 2014노7
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of two years and three years of suspended execution) by the lower court is deemed to be too unhued and unreasonable.

2. In light of the fact that the defendant committed an indecent act continuously against the victim who fell short of the victim's expression or intellectual age due to his own intellectual disorder, the nature of the crime is inferior, and the victim and his family members are expected to have a great mental impulse. However, the defendant appears to recognize and reflect the crime late in the trial process of the court below, although the defendant was unable to know the victim's personal information and did not reach an agreement or a deposit for monetary compensation, he contributed money to social welfare organization in the mind of the crime against the victim, including the fact that the defendant did not have the same criminal power before the crime of this case, and that the defendant was somewhat old, and that he did not have the same criminal power before the crime of this case, based on the sentencing conditions of Article 51 of the Criminal Act and the range of recommended punishment according to the sentencing guidelines under Article 51 of the Criminal Act as stated in the records and arguments, the court below's punishment against the defendant cannot be accepted. Thus, the prosecutor's appeal against the defendant is dismissed.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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