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(영문) 서울고등법원 2017.03.17 2016노4144
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part on which the request for attachment order was filed while rendering a judgment of conviction on the part on the Defendant’s case.

Since only the defendant appealed against this, there is no interest in appeal as to the part of the judgment below's claim for 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 a request for attachment order was excluded from the scope of the judgment of this court.

2. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

3. The circumstances are favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case, and made efforts to recover damage, such as paying a agreed amount to the father of the victim, etc., and the victim complained of the defendant's wife, the defendant has no criminal record of the same kind, there is no particular penalty other than the punishment imposed twice by the fine, and some crimes are deemed to have been committed by the defendant under the influence of alcohol, and the defendant is likely to involve an excessive difficulty of his family members if he is detained.

On the other hand, the crime of this case is a situation unfavorable to the defendant, where the defendant committed the crime of this case, taking advantage of the defendant's intellectual disorder that he was called "largely" while living in the same village, and the victim was forced to commit the crime of this case three times, and committed similar rapes twice, and the nature of the crime is not very good in light of the relation between the victim and the defendant, the form of the act, the frequency of the crime, etc., and the victim seems to have suffered considerable sexual humiliation and physical mental suffering due to the crime of this case.

In addition, the sentencing conditions, such as the defendant's age, sex, occupation, environment, and circumstances after the crime, are various.

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