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(영문) 서울고등법원 2019.02.12 2018노2785
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The sentencing of the lower court is too inappropriate on the grounds of appeal.

(2) The crime of this case is a child of Grade C, who is in a relationship with the victim of intellectual disability, with the victim's ability to resist due to mental disability, and has sexual intercourse with the victim. The crime of this case is not good, and the crime is repeatedly committed even though the victim's birth was discovered in March 2013, and the defendant committed a crime again even though the victim's birth was discovered in the crime of this case, and caused considerable mental suffering and pain to the victim by the crime of this case, it is necessary to strictly punish the defendant.

However, the court below's punishment is too unreasonable in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the argument of this case such as the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstance after the crime, etc., since the defendant's punishment is too unreasonable, the victim and his mother submitted a written agreement and a written withdrawal of a complaint at the court below. The victim and their mother received considerable money from the defendant and again submitted a written statement of withdrawal of a complaint, agreement and a written application for non-prosecution of a punishment, etc., and the victim's defense counsel submitted a written statement about the details of the agreement, and confirmed the victim's reply to the purport that the victim's defense counsel directly prepared a written application from the victim and the victim's intention not to punish him.

3. Thus, the defendant's appeal is justified.

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