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(영문) 서울고등법원 2017.10.20 2017노2257
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (such as imprisonment with prison labor for four years) is too unreasonable.

2. Each of the instant crimes committed an indecent act and similarity during several years by using the victim’s trust, which the Defendant was committed by himself/herself, until the victims become adults, is very poor. The victims are likely to have suffered considerable mental pain and sexual humiliation due to each of the instant crimes. Nevertheless, the Defendant did not agree with the victims and made efforts to recover damage.

The fact that there is no circumstance to see is an unfavorable circumstance to the defendant.

On the other hand, the defendant recognizes both crimes and reflects his mistake in depth, there is no history of criminal punishment against the defendant, and there is a family member to support the defendant.

In addition, if there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it is not difficult to deem that the sentence imposed by the lower court is too excessive and exceeded the reasonable scope of discretion.

Therefore, the defendant's above assertion is without merit.

3. As such, the Defendant’s appeal is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 11-2 subparag. 2 of the Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 12329, Jan. 21, 2014).

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