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(영문) 부산고등법원 2014.08.07 2014노346
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (three years of imprisonment, five years of suspended sentence, five years of probation, and 120 hours of an order to attend a sexual assault treatment lecture) is deemed too uneasy and unreasonable.

2. Examining the various sentencing conditions in the instant case, the instant crime was committed by the Defendant by intrusion on the victim’s house with hearing disability Grade 2 residing in the same apartment unit on two occasions, and committing an indecent act by drinking the victim’s chest. In the case of a crime of intrusion upon residence, the possibility of development of other crimes is very high, and the crime is committed against the disabled. The victim appears to have suffered considerable sexual humiliation and mental shock due to the instant crime. Nevertheless, the Defendant was unable to receive a letter from the victim, and there are multiple circumstances disadvantageous to the Defendant, such as the Defendant’s failure to receive a letter.

On the other hand, however, the defendant is a primary offender with no history of criminal punishment; the defendant appears to reflect on his depth while committing the crime of this case; the degree of tangible force and the degree of indecent act committed by the defendant is not much serious; the defendant is physically disabled by delay (conformative) disability 2; the defendant's father E is physically disabled by delay (vertebrate) disability 5; the defendant's mother F is disabled by delay (vertebrate) disability 2; the above F is math from both sides; the above F is currently in need of the nursing of the defendant due to the occurrence of a brupt and a brupt; the family members of the defendant maintain their livelihood through basic livelihood supply and demand; and the residents of apartment complexes residing by the defendant wanting to take a preference against the defendant; and there are also extenuating circumstances favorable to the defendant.

The above factors of sentencing are unfavorable or favorable to the defendant, and three years of imprisonment with prison labor for the defendant within the scope of the recommended sentence set in the sentencing guidelines (two years to six years of imprisonment) set by the court below.

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