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(영문) 수원고등법원 2020.12.23 2020노734
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment, etc.) is too unreasonable.

2. The lower court determined that a sex offense against a child or juvenile is likely to obstruct the formation of a sound sexual values of the child or juvenile, and in particular, more separate interest and protection are required for the child or juvenile with intellectual disability such as the victim, but the Defendant was used as a means to resolve his/her distorted sexual desire by taking advantage of the victim’s intellectual disability state, and the Defendant’s liability for such crime is grave. However, the lower court determined a punishment against each Defendant by taking into account the circumstances favorable to the Defendant, such as the fact that the Defendant both recognized the crime and the fact that the same criminal power does not exist.

There is no change of circumstances that may vary in the sentencing of the court below even when the court below has reached the trial, and considering the various conditions of sentencing as shown in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the recommended sentencing guidelines presented by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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