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(영문) 서울고등법원 2018.01.25 2017노3131
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant had weak ability to discern things or make decisions due to intellectual disabilities, etc.

B. The sentence of the lower court’s wrongful assertion of sentencing (the imprisonment of four years, the disclosure of information and notification three years, and the completion of sexual assault treatment program 40 hours) is too large and the amount of the sentence is unreasonable.

2. Determination

A. In light of the record as to the assertion of mental and physical weakness, the following is sufficiently acceptable: (a) various circumstances acknowledged in the paragraph “2. Determination” not exceeding 3 pages of the judgment of the court below are justified.

In addition to these circumstances, in light of the background, means and method of the crime, Defendant’s speech and behavior before and after the crime, etc., the Defendant was in a state that the ability or decision-making capacity was weak at the time of the crime.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

B. There is no particular change in sentencing conditions compared to those of the lower court because new sentencing materials have not been submitted at the appellate court regarding the unfair argument of sentencing.

In full view of all the sentencing factors revealed at the trial of this case, the lower court’s punishment is excessively heavy to the extent that it exceeded the reasonable discretion of the court.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

3. The defendant's appeal is dismissed on the ground that the conclusion is without merit.

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