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(영문) 부산고등법원 2018.01.11 2017노627
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the lower court (the instant crime committed by the Defendant is an indecent act committed by the Defendant against the victim of class 3 of intellectual disability, who was known to him through Internet hosting in the same circumstances as the criminal facts in the lower court’s judgment, and the punishment imposed by the lower court (the period of suspension of execution three years in one year and six months, and the period of community service order 80 hours, etc.) is excessive and unfair (in particular, since the Defendant received education from a P vocational school as a student of state education from October 16, 2017, the community service order as indicated in the lower judgment should be revoked or shortened) and various favorable circumstances in favor of the Defendant (the instant crime committed by the Defendant was committed by force against the victim of class 3 of intellectual disability, who was known to him through Internet hosting, in light of the nature, content, means, methods, and result of the crime).

In full view of all the sentencing conditions shown in the court below and the trial proceedings at the court below, including the fact that an agreement between the defendant and the injured party has been reached in the court below, and the injured party does not want the punishment of the defendant, and the defendant does not have any criminal record, it is not recognized that the sentence imposed by the court below is too unreasonable since the sentence imposed by the defendant is too unreasonable (in addition, the circumstance that the defendant's demand alone does not constitute a reason to cancel or shorten the community service order as stated in the court below). Thus, the defendant's argument is without merit.

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

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