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(영문) 대구고등법원 2020.11.12 2020노358
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The judgment defendant recognized the crime of this case and repented in depth.

The victim does not want to punish the defendant, and the defendant does not have the same criminal records.

It seems clear that the social relationship between the defendant and the family members of the defendant seems to be clear.

However, the crime of this case is highly likely to be criticized for an anti-human crime committed by force by the defendant, who is a convict with a disability of the third degree of mental disorder, and by indecent act by force.

The victim seems to have suffered a considerable mental pain due to the crime of this case, and have caused a sense of sexual humiliation.

In addition, in full view of the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, and the scope of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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