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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2014.10.22 2014노222
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as imprisonment with labor for a period of three years) imposed by the lower court is too unfasible and unreasonable.

2. The crime of this case acknowledged by the evidence, evidence, rules of evidence, and legal principles is established, and there is no sufficient evidence of the crime committed by the defendant by compulsion of the victim of intellectual disability 2 in the age of 18. The crime of this case appears to have suffered considerable mental distress due to the crime of this case, and the victim and his family members are deemed to have suffered considerable mental distress, and the defendant has been sentenced to imprisonment with prison labor for a period of two years and six years, and a more objective and neutral sentencing factor is acknowledged.

However, it is also recognized that the defendant has committed a serious reflective act that the sentencing guidelines presented by him since the investigation agency; the crime is committed once; the defendant does not want the punishment against the defendant; the victim does not want the punishment by agreement with the injured party; the crime of the injury resulting from rape in the above crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the case of the crime of the crime of the same kind between 30 years and the day before the crime of the crime of the crime of the case of the crime of the case of the crime of the above previous crime and the crime of the crime of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 191, and there are favorable sentencing factors such as

The above factors of sentencing and sentencing, sentencing guidelines, age, health status, character and conduct, intelligence and environment of the defendant, motive and background leading to the crime of this case, the means and consequence of the crime, circumstances after the crime, etc., various circumstances revealed in the oral proceedings, such as the crime, the statutory punishment of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to imprisonment for a term of at least three years or a fine of at least 20 million won but not exceeding 50 million won) and the sentencing guidelines of the Supreme Court Committee, one year of imprisonment.

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