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(영문) 서울고등법원 2016.11.24 2016노2792
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the defendant's mistake is divided into his own mistake, and that the defendant agreed with the victim.

However, the defendant committed the crime of this case again even if he had a previous conviction for the same kind of crime, and the crime of this case was committed by the defendant twice or more times, and the nature of the crime is not good. The crime of this case was committed by the defendant to put his fingers in the victim's sexual organ with mental disorder, and the crime of this case showed considerable mental suffering and pain to the victim as a result of the crime of this case, and taking into account the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant'

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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