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(영문) 광주고등법원 (제주) 2019.05.08 2019노19
간음유인등
Text

The defendant's appeal is dismissed.

Reasons

The court below rendered a judgment that dismissed the prosecutor's request regarding the part of the attachment order case when it rendered a conviction on the part of the defendant's case, and only the defendant appealed therefrom, so there is no interest in appeal regarding the part of the attachment order case.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment of the court below regarding the attachment order case is determined separately without continuation in the appellate trial and is excluded from the scope of the judgment

Comprehensively taking account of the following: (a) the summary of the grounds for appeal (unfairly unfair) that the Defendant recognized the crime; (b) the Defendant voluntarily reported the crime to an investigative agency after the crime; (c) the Defendant did not have the same criminal record; (d) the Defendant did not have a good health condition; and (e) the Defendant forms a stable social ties; and (e) the Defendant forms a stable social relationship, the sentence issued by the lower court is too unreasonable.

Judgment

Each of the crimes of this case is that the defendant, as a disabled person of Grade III with intellectual disability, has induced the defendant to have sexual intercourse with a female juvenile who lacks the ability to discern things or make decisions, and has sexual intercourse with the induced victim, and the crime is very poor in light of the contents and methods of the crime.

The victim seems to have suffered from the mental shock and suffering of the defendant's each crime of this case. The victim was not able to use the victim.

In addition, in full view of all the sentencing conditions in the records and arguments of this case, including the background, content, means and result of each of the crimes in this case, the age, character and conduct, environment, etc. of the defendant, the sentence of the court below against the defendant cannot be deemed unfair.

The defendant asserts as the reason for appeal.

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