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(영문) 대구고등법원 2019.11.27 2019노432
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment, four years of suspended execution) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case committed by the Defendant is an indecent act by force against the victims who are relatives with mental disorders or intellectual disorders, and the victims’ body and sound, etc. taken by cell phone cameras, and the sexual violence was committed against the disabled persons who do not have the ability to protect themselves. It is not easy to impose criminal liability on them.

The victims seem to have suffered considerable pain due to the above crimes committed by the defendant.

On the other hand, the Defendant recognized all of the crimes, and reflects the mistake in depth.

The defendant is a disabled person of Grade III with intellectual disability who is over seven years of age and has no record of criminal punishment for the last 12 years.

At the same time, it seems that the photograph of the defendant taken the victims has not been disseminated.

The victims prepared a written agreement to the effect that they do not want the punishment of the defendant at the investigation stage, and the husband of the victim E and her husband submitted a written application to the next defendant again in the court below.

In the process of agreement with the victims, the defendant's wife agreed to donate his/her inheritance shares to the husband of the victim E in respect of the house in which the victims are currently residing.

There are families to support the defendant. Among them, the father has difficulty due to brain lemeral disorder, the father is the disabled with the fourth degree of verbal disability who is known as the wife, and his or her father and her mother among the three children have intellectual disability.

In addition to these circumstances, the records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

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