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(영문) 서울고등법원 2014.10.31 2014노2444
아동ㆍ청소년의성보호에관한법률위반(장애인간음)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (three years and six months) imposed by the court below on the defendant on the grounds of unfair sentencing is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to disclose or notify personal information.

2. Determination

A. The circumstances are favorable to the defendant, such as the confession of each of the crimes in this case from the court below to the wrong sentencing decision, and the defendant's continuous medical treatment and management in relation to kidne surgery received in 197, and the fact that the defendant has no criminal power, etc.

On the other hand, each of the crimes of this case is deemed to have sexual intercourses over two occasions with a victim who is a juvenile with intellectual disability as a woman living together with the defendant, and the nature of the crime is very serious. Furthermore, the defendant viewed the victim's obscene video up to the victim at the time, thereby adversely affecting the formation of a healthy sexual sense of values of the juvenile, and the defendant was unable to receive a true statement from the victim and his mother up to the trial court, and the victim's mother who seeks not to be punished by the defendant was submitted to the court below as of July 16, 2014 by the written agreement dated 16, 2014 between the defendant and the victim, and the victim's mother who sought the preference of the defendant, but the victim's attorney-at-law was submitted to the court below (Article 20, 22 of the trial record). The victim's written agreement (including the victim and C's written agreement) on July 31, 2014, it cannot be viewed that the above written agreement is an application for the defendant.

The defendant is disadvantageous to the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, and the recommended sentence according to the sentencing guidelines of the Supreme Court.

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