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(영문) 부산고등법원 2016.07.21 2016노297
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of four years of imprisonment, and orders to complete sexual assault treatment programs for 80 hours) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) The lower court exempted the Defendant from the disclosure and notification order despite the risk of recommitting a sexual crime, in light of the following: (a) details, means, and methods of the instant crime committed in violation of the disclosure and notification order; and (b) thereby, erred by misapprehending the legal doctrine

2. Determination

A. We examine the judgment on the unfair argument of sentencing, and various circumstances favorable to the defendant (the defendant recognized the crime of this case and divided his mistake) that were shown in the trial process of the court below and the court below (the defendant recognized the crime of this case).

The defendant's statements, the defendant has no history of sex offense, and there is no previous conviction who has been punished in excess of a fine) and various unfavorable circumstances (the crime of this case committed by the defendant is committed by force against a disabled person under the circumstances as stated in the judgment of the court below, and the crime of this case is serious in light of the motive, circumstance, means, method, and result, etc. of the crime, and the victim seems to have been seriously shocked due to the crime of this case. Nevertheless, even though the victim did not agree with the victim or take sufficient measures to recover from damage until now, the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, circumstance after the crime of this case, family relation, etc., and the above argument of the defendant and the prosecutor are not recognized as being too heavy or unfair. Thus, the above argument of the defendant and the prosecutor are without merit.

(b) prosecutors;

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