성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The court below found the Defendant guilty of all facts charged on the ground of the victim C’s statement, etc., which is not reliable, although the Defendant had sexual intercourse several times with the victim C who is a child or juvenile with mental disability by force, assault and assault, and assaulted the money by force. The court below found the Defendant guilty of all facts charged. The court below erred by misapprehending the facts.
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. The Defendant also asserted that the judgment of the court below as to the assertion of mistake of fact is identical to the assertion of mistake of fact, and the court below rejected the above assertion by making a detailed statement on the determination.
In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified, and this part of the defendant's assertion is without merit.
B. It is recognized that the defendant has partially divided his or her mistake with respect to the determination of the unfair argument of sentencing.
However, the crime of this case is not proper for the defendant to have sexual intercourse with the victim C, who is a child or juvenile with mental disability, assault, assault, collect money by bruging the victim's mother, theft of money and goods by combining N, etc., and theft of money and goods of the victim S. by combining N, etc., which are hard to recover the victim C due to the crime of this case, and the defendant did not agree with the victims up to the trial of the party, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, etc., are considered, and it is not recognized that the sentence of the court below is too unreasonable. Thus, this part of the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered.