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(영문) 광주고등법원 (전주) 2015.06.16 2015노61
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended execution, and 80 hours of an order to attend sexual assault treatment courses) is too uneased and unreasonable;

2. The Defendant’s crime of this case committed by the victim E, who is the disabled in the mental body, committed indecent acts by compulsion by force by using the chest of the victim F, who was living in the victim’s home above the Defendant, and by using the bucks, and by using the bucks, etc., which led to the occurrence of sexual humiliation by the victims. In addition, it seems that the victims caused sexual humiliation, and the possibility of social criticism, as it did not reach an agreement with the victim F, it is inevitable to punish the Defendant with severe penalty corresponding to his responsibility.

On the other hand, however, there are circumstances that the defendant should be favorable or taken into account to the defendant, such as the fact that the victim E has agreed smoothly with the victim E, that the defendant has no record of being punished for the same crime, that the defendant is hospitalized in a convalescent hospital under the name of the patient such as high blood pressure and parassis, etc. whose detailed details are currently unknown for the age of 76 years, that the defendant is receiving treatment by being hospitalized in the convalescent hospital, that the defendant acknowledges and seriously reflects his mistake, and that the defendant requested a licensed real estate agent to sell his house to the victims in order

In light of the above various circumstances, there is no change in special circumstances that could vary in the sentence of the court below. In addition, in full view of the following conditions: Defendant’s age, character and conduct, environment, motive or circumstance of crime, motive or circumstance of crime, method and method of crime, contents and consequence of crime, the conditions of sentencing indicated in the records, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below against Defendant is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit.

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