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(영문) 부산고등법원 2015.04.09 2014노893
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the various sentencing conditions in the instant case, it is unreasonable to exempt not only the punishment imposed by the lower court (three years of imprisonment, four years of suspended execution, four years of probation, community service, 120 hours of community service, and 40 hours of sexual assault treatment) but also the order to disclose information.

2. Examining the various sentencing conditions in the instant case, the instant crime was committed by the Defendant with intellectual disabilities working at H, and by committing an indecent act against two female disabled persons working at the same workplace, and by committing an injury to another victim, the nature and circumstances of the crime were defective; the victims might have suffered considerable mental pain due to the indecent act by compulsion in the instant case; the Defendant had a record of having been sentenced to suspended sentence due to the same offense; and the judgment was sentenced to a suspended sentence of three years and six months of imprisonment with prison labor at the Ulsan District Court on August 27, 199; and the same year.

9.4.Final:

A) The circumstances are unfavorable to the Defendant. On the other hand, the Defendant agreed with the victim of injury, and the Defendant denies some of the crimes, but there are favorable circumstances for the Defendant, such as recognizing the crime of indecent act by force and injury against the victim I, which reflects the wrongness. As above, the circumstances favorable to or favorable to the Defendant, and the scope of the recommended punishment set in the sentencing guidelines by the lower court (within 2 years from June to 7, 200), were sentenced to a suspended sentence of 4 years, etc. for the Defendant during the period of 3 years of imprisonment, and other factors such as the Defendant’s age, character, conduct and environment, family relationship, motive, means and consequence of the crime, criminal records, and the circumstances after the crime, etc., comprehensively considering all of the sentencing conditions specified in the instant pleadings, and even if the Defendant imposes on the Defendant a suspended sentence of imprisonment with labor, which added to taking part in probation, community service, and sexual assault treatment, it appears to have sufficiently

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