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(영문) 대전고등법원 2014.04.11 2013노583

성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent, i.e., the victim's statement, arbitrity, and arbitrity, and the professional examiner's opinion, and the facts charged in this case can be fully acknowledged. However, the court below acquitted the facts charged in this case. The judgment of the court below is erroneous in the misapprehension

2. Determination on the grounds for appeal

A. (1) As to the part of the defendant's case, the court below held that the victim's statement was not guilty on the charges of this case on the following grounds: (i) direct evidence corresponding to the facts charged of this case and there were statements made by the victim E and witness G; (ii) there is a possibility that the victim's statement might be contaminated with the victim's statement in light of the initial statement circumstances; (iii) there is no consistency in the statements in the important part; (iv) there is a lack of rationality in the victim's statement that he committed an indecent act in the structure of residence, which is the place where the case occurred; (iv) it is difficult to avoid the possibility that the victims might have misunderstood the victim's intangible physical contact with the victim in sexual sense due to the characteristics of the communal living home with other disabled children; and (v) there was a motive for the victim E who was punished by the defendant at the time, and this is insufficient to recognize that each statement made by the victims was an indecent act by force as to the victims as to the facts charged of this case; and there is no evidence to acknowledge otherwise.

Examining the reasoning of the judgment of the court below in comparison with the records, we affirm the fact-finding and judgment of the court below.

B. As long as the prosecutor appealed the part of the request for attachment order against the accused case, Article 9(8) of the Act on the Probation and the Electronic Monitoring, etc. of Specific Criminal Offenders shall be applied.