성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The judgment of the court below is reversed.
Defendant
B Imprisonment for two years, and for two years and six months, each of the defendants C shall be punished by imprisonment for two years and six months.
(b).
1. Summary of grounds for appeal;
A. Defendant B (1) 1) misunderstanding of facts or misunderstanding of legal principles did not know the fact that the victim had a mental disability. In addition, with respect to quasi-rape of the disabled, the Defendant did not know that the victim had sexual intercourse under the agreement with the victim after drinking alcohol, and did not have sexual intercourse against the victim’s will. As to the rape of the disabled, the victim did not have a sexual intercourse under the agreement with the victim and forced him to leave the victim on the floor or off the victim’s clothes. Nevertheless, the lower court found the Defendant guilty of all the facts charged. In so doing, the lower court erred by misapprehending the facts in violation of the rules of evidence or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) The lower court’s sentence of unfair sentencing (7 years of imprisonment and 10 years of disclosure and notification order) of the court below (10 years of disclosure and notification order)
B. Defendant C1 was unaware of the fact that there was a mental disability for the victim, and the Defendant was sexual intercourse under the agreement with the victim, and there was no misunderstanding or intimidation as stated in the facts charged. Nevertheless, the lower court found Defendant C guilty of all the facts charged. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing (seven years of imprisonment and ten years of disclosure or notification order) is too unreasonable.
2. As to Defendant B
A. Before determining the ex officio grounds for appeal by Defendant B following the amendment of indictment, prior to the judgment on the grounds for appeal by the Prosecutor, the Prosecutor is in the first instance trial, and the charges of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. for the Disabled) among the charges against Defendant B were stated as follows: (a) “rape-rape” and applicable provisions are applicable mutatis mutandis.