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(영문) 부산고등법원 2017.03.16 2017노12
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a physical and mental disability by drinking alcohol.

B. Determination on February 2, 200: (a) the sentence imposed by the lower court on the Defendant (an order to complete a sexual assault treatment program for a period of three and a half years, and eight and eight hours) is so excessive that it is unfair for the Defendant to commit the instant crime, which was committed by the Defendant, to be attempted; and (b) the sentence must be mitigated under Article 25(2) of the Criminal Act.

A. In full view of the following: (a) the process and content of the instant crime committed by the evidence duly admitted and examined by the lower court; (b) the Defendant’s behavior before and after the instant crime; and (c) the Defendant’s statement to the investigative agency; and (d) the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime

It does not seem that it does not appear.

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

B. As to the unfair argument of sentencing, there is room to examine whether the defendant led to the crime of this case in the original judgment and the court of the first instance and against his mistake.

The fact that the defendant statements, and the fact that the defendant did not have been punished for a sexual crime before the crime of this case is favorable to the defendant.

However, the crime of this case committed by the defendant was committed by the defendant as the first grade of intellectual disability of the victim who was friendly from D, and had induced the victim at his own home, recognizing that the intelligence level is significantly lower than that of the general public, and the crime of this case was committed by assaulting the victim under the circumstances as stated in the judgment of the court below, and thus, the nature of the crime is very serious in light of the purpose, content, means and method of the crime, the degree of damage suffered by the victim, etc., and the victim and his family members seem to have suffered a lot of physical and mental pain due to the crime of this case committed by the defendant.

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