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(영문) 대전고등법원 2014.11.14 2014노386
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

Defendant

In addition, both the person subject to the attachment order and the person subject to the probation order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (two years and six months of imprisonment, and 80 hours of order to complete sexual assault treatment programs) of the Defendant case (i.e., the Defendant and the respondent for the attachment order and the respondent for the difficulty in protecting the Defendant (hereinafter “Defendant”) is too unreasonable.

The sentencing of the court below is too uncomparably unfair.

B. The lower court’s dismissal of the Defendant’s request for an attachment order against a prosecutor, despite the risk of recidivism of a sexual crime, is unreasonable.

2. We also examine the defendant and prosecutor's grounds for appeal on the accused case's grounds of unfair sentencing.

The crime of this case is committed against the disabled person who lacks the judgment ability for a long time, and the nature and circumstances of the crime are not good in light of the content of the crime, and the fact that the defendant has been sentenced to suspended sentence for a similar crime is disadvantageous to the defendant.

However, there are extenuating circumstances, such as the fact that the Defendant recognized the instant crime, and the fact that the Defendant paid the agreed amount to the victim and the victim voluntarily withdraws the complaint (the victim is punished by the Defendant’s penal punishment, but is not considered as the grounds for sentencing the penalty penalty surcharge).

Comprehensively taking account of such circumstances as well as the Defendant’s age, character and conduct, environment, background of the crime, means and method of the crime, and circumstances after the crime was committed, the lower court’s punishment, which belongs to the scope of sentencing guidelines (basic area, period between June and September 9) in the absence of any particular change in sentencing grounds after the sentence of the lower judgment, cannot be determined as being too heavy or unreasonable.

Therefore, we cannot accept all the defendant's and prosecutor's allegation of unfair sentencing.

3. Determination on the grounds of appeal regarding the part on which the attachment order was requested

(a) The cause of the request for the attachment order;

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