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(영문) 부산고등법원 (창원) 2015.01.14 2014노336
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as imprisonment with prison labor for a period of three years) that the court below sentenced is too unfasible and unfair.

2. The crime of this case recognized by the evidence, evidence, rule of evidence, and legal principles is acknowledged, and there are unfavorable sentencing factors or objective and neutral sentencing factors, such as the following: (a) the Defendant’s criminal liability is not less and less less than that of a female victim with intellectual disability 2 in the age of 18 due to indecent act by force; (b) the number of revealed crimes exceeds three times; and (c) the victim and his family members are deemed to have suffered considerable mental distress due to the crime of this case.

However, since the defendant has been judged by the congenital cerebral cerebral Bribery and Ethyma in 2000, the defendant's verbal disorder (Grade 3) and delayed disorder (Grade 4), the victim's side does not want punishment against the defendant, the first offender with no criminal history, the defendant's relatives want to take a preference to the defendant while carrying out continuous medical treatment and surveillance against the defendant in the future, and there is also an objective and neutral sentencing factor such as favorable sentencing factors such as the defendant's intellectual and psychological level at the time of committing the crime, or objective and neutral sentencing factors.

The aforementioned factors of sentencing, the statutory penalty for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a limited term of at least three years, or a fine of at least 20 million won, but not exceeding 50 million won), the scope of recommended punishment according to the sentencing guidelines (one to half years and six months), the Defendant’s age, health status, character and behavior, intelligence and environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, as well as the circumstances after the instant crime, and the punishment of sexual crimes.

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