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(영문) 부산고등법원 2018.06.14 2018노236
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (4 years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. The judgment of the Defendant committed a sexual intercourse with the victim by taking advantage of the fact that the victim, who was known to the general public, was a person with severe disability of the first degree of intellectual disability, in a state of resistance or resistance difficulties.

The court below, in light of the fact that the defendant received several warnings from the mother of the victim who was likely to commit these crimes, and the responsibility for the crime is not somewhat weak in terms of finding the victim's house in the absence of the victim's mother's mother, and due to the crime of this case, the victim and his family have suffered from irrecoverable mental distress, and the crime of this case requires strict punishment in order to prevent recurrence of the crime against the socially weak who should be protected, while the defendant is against the defendant, the mother of the victim did not want punishment against the defendant, and the defendant does not want to have the same criminal record, and was sentenced to punishment as above in consideration of the above circumstances favorable to the defendant.

Since a new sentencing data was not submitted in the trial at the court of the original instance, there is no change in the conditions of sentencing compared with the original court. The sentencing of the court below that determined the lowest sentence within the scope of the recommended sentencing guidelines is too unreasonable, even in full view of the nature of the crime in this case, the reasons for sentencing as stated by the original court, and other various conditions of sentencing as shown in the arguments, including the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, etc. before and after the crime, and thereby, exceeded the reasonable scope of discretion

It does not seem that it does not appear.

3. In conclusion, the defendant's appeal is dismissed on the ground that it is without merit.

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