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(영문) 부산고등법원 2015.07.08 2014노823
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) With respect to the part of the Defendant case, the sentence imposed by the lower court is so unfasible that it is unfair, and the Defendant’s personal information disclosure and notification order should also be issued. 2) With respect to the part regarding the case for which the request for attachment order is filed, an order to attach an electronic tracking device should be issued to the Defendant

2. Determination

A. Regarding the part of the defendant's case (the defendant and the prosecutor), the crime of this case (the crime of this case) is committed against the victim, who is a female student of the same school with mental disorder, in order to solve the sexual desire, and committed a similar act after suppressing the victim's resistance, which is disadvantageous to the defendant. However, the defendant is also at a disadvantage to the defendant. However, the defendant is also at a level of mental disorder with the total I Q 49, language I Q Q 50, I Q 56, I Q 56, etc., and social index falls under Grade 2 disability of the same grade 52 (social age 73), and the mental disorder ability is considerably lower than normal, and the defendant committed the crime of this case in the state of mental disorder due to such intellectual disorder, the defendant's punishment was no longer favorable to the defendant, the defendant's parents are more favorable to the defendant's first offender, and the defendant's family relation was no more favorable to the defendant's parents, and the court below judged that the defendant's child and body's punishment were no other circumstances.

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