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(영문) 대구고등법원 2017.12.21 2017노474

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

1. The guilty part of the Defendant’s decision of the first instance judgment and the conviction part of the lower judgment of the second instance shall be reversed.

Reasons

The part of the case (the judgment of the court below Nos. 1 and 2) of the defendant and the person subject to a request for an attachment order (hereinafter referred to as "defendants") on the summary of the grounds for appeal (related to the guilty part of the judgment of the court below No. 1) ① Indecent conduct against children and juveniles against the victim H (related to the part 590 part of the judgment of the court below No. 1), the defendant forced the victim to commit an indecent act against the victim H (related to the part 2015 Gohap 590). While the body of the victim was left to the victim due to narrow space, the defendant was unable to immediately occur, and the defendant did not forcibly commit an indecent act against the victim N as stated in this part of the facts charged, the defendant did not have committed an attempted rape with the victim (the related part of the judgment of the court below No. 1, 2016 Gohap 155). In light of the fact that the victim did not have been sexually rape with the victim and the victim did not appear to have been rape with the part of this part of the charges.

③ Special assault against the victim I (related to 2016 Gohap 155, among the judgment of the court of first instance), the knife, which the Defendant possessed at the time, was a knife used in the fishery products shop, was a knife used in the fishery products shop and was returned to the knife vehicle while working in the fishery products shop before the knife of the victim, and the knife did not have the knife at the place where the knife knife knife knife knife was

Nevertheless, the court below found all of the charges guilty. The court below erred by misapprehending the facts.