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(영문) 광주고등법원 (제주) 2014.04.09 2013노99
아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant agreed with the victim; (b) the victim was the victim’s wife; (c) the defendant additionally deposited KRW 10,00,000 in the court room; and (d) the defendant has no criminal records against the defendant.

On the other hand, since it is easy for disabled juveniles to easily be exposed to or abused in crimes, our society needs to protect them with more interest. The crime of this case is a sexual intercourse with a victim who is a juvenile with intellectual disability, and the nature of the crime is not good, the victim caused an unexpected experience of pregnancy and delivery in the age of her child (if there is no specific agreement about raising her child born, it seems that there is no specific agreement) and the fact that the victim seems to have suffered a huge physical and mental suffering is disadvantageous to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, method and consequence of the crime, the recommended sentencing range of the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Committee (one year and six months of imprisonment or August 10 of the same year and five years and ten days of imprisonment), it is not determined that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

(However, among the reasons for sentencing of the judgment of the court below, each "no one shall have any record of criminal punishment" is a clerical error in the "no one shall have any record of criminal punishment", and thus, it shall be corrected accordingly).

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