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(영문) 광주고등법원 (전주) 2014.01.07 2013노246
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of two years, a stay of execution for three years, and a course of sexual assault treatment for forty hours) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have been committed by indecent act by compulsion of the victim, who is the disabled in the first degree of visual disability, and the nature of the crime cannot be deemed to be less severe, and the mental impulse and pain of the victim caused by the crime of this case seems not to be small. However, on the other hand, the defendant recognized the defendant's wrong and reflects it, and the defendant seems to have committed the crime of this case as the disabled in the first degree of brain cerebral disability, and it appears that the defendant has committed contingent acts to commit the crime of this case as the disabled in the first degree of disability. The defendant deposited a certain amount for the victim, there is no record of criminal punishment against the defendant, and taking full account of various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, home environment, motive and background of the crime, means and method of the crime, and circumstances before and after the crime, the prosecutor's assertion is without merit

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

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