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(영문) 전주지방법원 2013.12.06 2013노1107
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of probation, two years of community service order, 200 hours of community service order, and 40 hours of lecture order) that the court below sentenced is too unreasonable.

2. The judgment defendant did not have any record of punishment for the same kind of crime for the elderly, deposited KRW 8,000 for the victim, and recognized the crime of this case, and is against his own wrong act seriously.

However, the crime of this case is an indecent act committed by the defendant through the mental disorder of the victim who is a class 2 disabled with intellectual disability, and the nature and circumstances of the crime are very poor, considering the fact that the defendant did not reach an agreement with the victim, and other circumstances that are conditions for sentencing in this case, such as character and behavior, environment, family relationship, and circumstances after the crime, the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without merit.

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

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the "Article 33 of the same Act" of the judgment of the court below shall be corrected to "Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" ex officio.

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