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(영문) 대전고등법원 2020.10.30 2020노179

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim at each time and place as stated in the lower judgment, as stated in its reasoning.

Nevertheless, the court below found the defendant guilty on the basis of only the statements made by the victim without credibility. In so doing, it erred by misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, etc.) is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the lower court also asserted that the Defendant had the same purport as this part of the grounds for appeal, and as to this, the lower court, based on the legal doctrine as indicated in its holding, stated the following circumstances, i.e., (i) the date of the occurrence of the crime under paragraph (2) of the lower judgment (18 days after December 14, 2018, which was known to the G Center by using the limited words he knows, (18 days after January 1, 2019), and (ii) the victim’s statement contains a detailed description of the circumstances at the time of and after the crime, (iii) the victim’s increased words and behavior, and (iv) the victim’s appraisal, etc., and it is difficult to see that the victim’s statement was made without any actual experience, and (iv) whether the victim was able to answer or ask questions about the victim.