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(영문) 서울고등법원 2017.11.14 2017노2408
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

Reasons

The summary of the grounds for appeal (unfair sentencing in the case of the defendant) sentenced by the court below to the defendant and the person who requested to attach an attachment order (hereinafter referred to as "defendant") (hereinafter referred to as "defendants") (two and half years of imprisonment, and four years of suspended execution, etc.") are deemed to be too uneasy and unfair.

The fact that the defendant's judgment on the part of the case of the defendant is old, there was no record of punishment for sexual crimes, that the crime of this case was committed in attempted attempts, and that the degree of power exercised by the victim seems not to be serious, and that the defendant recognized the crime of this case and reflected his mistake is favorable to the defendant.

On the other hand, the crime of this case is very heavy in view of the fact that the defendant committed the crime of this case, which is a juvenile who has intellectual disability due to his neighbors, and attempted to engage in sexual intercourse with his will by force. It appears that the crime of this case seems to be a planned crime, and that the defendant, the neighbor of this case, is the object of resolving his distorted sexual desire due to lack of sexual self-determination ability and protection ability, and thus, the crime of this case is very heavy.

Nevertheless, the defendant does not receive a letter from the victim or his guardian.

In addition, the defendant has been sentenced to two years of imprisonment due to a violation of the Juvenile Protection Act, etc., and a number of criminal offenses have been committed.

Such circumstances are disadvantageous to the defendant.

In full view of the above circumstances, Defendant’s character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc. as shown in the instant argument, and the scope of recommended sentences and standards of suspended execution according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below against Defendant is too uneasy and unfair.

Therefore, prosecutor's assertion is justified.

A prosecutor who finds a judgment on the part of the claim for attachment order shall appeal against the defendant case.

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