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(영문) 서울고등법원 2020.08.20 2020노879
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The court below determined that the crime of this case was committed against the victim who was disabled because the defendant was unable to resist the defendant's act due to cerebral disease, and sentenced to punishment by considering the circumstances favorable to the defendant that the defendant recognized the crime of this case, and that there was no record of having committed the same kind of crime before the crime of this case.

The sentencing of the lower court appears to have been appropriately determined taking into account the aforementioned various circumstances, and there is no new circumstance or special change in circumstances that can be reflected in the sentencing after the sentence of the lower judgment.

In addition, taking into account the Defendant’s age, character and conduct, environment, family relationship, criminal records, circumstances, and result of the crime, etc., the lower court’s punishment is too heavy to the extent of deviating from the reasonable scope of discretion.

3. 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.

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