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(영문) 광주고등법원 (전주) 2014.03.18 2014노21
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (limited to four years of imprisonment, 80 hours of completion of sexual assault treatment programs, 7 years of disclosure and notification, 7 years of attachment order of location tracking device, and 7 years of attachment order of electronic device) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the Prosecutor’s argument that the Defendant’s judgment of the accused case was unjust.

The circumstances are favorable to the defendant, such as the following: (a) the defendant led to the confession of all the crimes of this case when the defendant was in the trial; (b) the victims and the victims want to make a serious punishment against the defendant; (c) the defendant did not have any record of punishment for sexual crimes before the crime of this case; (d) the defendant refused to do so by the victims; (b) the defendant suspended the crime of this case; and (c) the degree of the type of force exercised against the victims was not significant; and (d) the defendant graduated from the N High School and X University Social Welfare Department; (d) the defendant obtained the qualification certificate as a caregiver social welfare worker; and (e) the defendant was deemed to have engaged in a extremely social life because of the financial revenue and caused many difficulties in living while operating M.

Meanwhile, the Defendant’s crime of this case was attempted to engage in sexual intercourse with the Defendant, who is a juvenile of 18 years old, who is the disabled of Grade D and Grade III, who is vulnerable to the crime. As a result, the Defendant’s crime of this case was attempted to engage in sexual intercourse with the Defendant, who is a disabled person of Grade III with intellectual disability, and was investigated by the Defendant by the investigation agency, and up to intimidation for the purpose of receiving the cancellation of the complaint, and the crime is not good, and the victim’s sexual humiliation and mental shock caused by the crime of this case can be deemed to be weak.

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