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(영문) 서울고등법원 2014.12.11 2014노2043

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the agreement with the victim, the Defendant did not insert a sexual organ on the wind reported to the police due to the sudden change of the victim among the attempts to have sexual intercourse without assaulting the victim by plucking, plucking, etc.

Nevertheless, the judgment of the court below that recognized the defendant to believe the statement of the victim without credibility and raped the victim is erroneous in the misconception of facts.

B. The sentence imposed by the lower court on the assertion of unfair sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below held that the defendant raped the victim by taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the court below in the “judgment on the Defendant’s and defense counsel’s argument.” ① The victim appears in an investigative agency that “the victim sent a dial-a-a-mail to the victim where the Defendant is seated, plucked by a plucking, plucking, cutting off his clothes, cutting off the victim’s clothes, cutting off his clothes, and kids the victim’s bottom due to his hand, while the victim was getting out of the victim’s clothes. The Defendant demanded dial-a-the-job while the victim was getting out of the victim due to suspension, and put the Defendant’s sexual organ in the victim’s womb by demanding the victim to stop (the police officer in charge refers to “the victim to ask the victim who refers to what he or she is” under “the victim.”

A. The Defendant’s drinking, etc. was an even numbered.

Accordingly, when the victim reported to the police by telephone, the defendant extracted the telephone code.

‘The fact of damage' is relatively specific to the effect that the statement is made by the victim.