성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by force against the victim on June 10, 2015, and the victim did not have sexual intercourse on August 3, 2015.
2) According to the statements made by the victim whose credibility is recognized by the prosecutor, the court below acquitted the Defendant of this part of the facts charged, even though the Defendant acknowledged that he had sexual intercourse with the victim on June 11, 2015.
B. The Defendant asserts that, with respect to the punishment sentenced by the lower court (six years of imprisonment), the Defendant is too unafford, and the prosecutor is too unafford and unfair.
2. In full view of the following circumstances admitted by the lower court and the first instance court’s judgment as to the Defendant’s assertion of mistake of facts, it is sufficient to recognize the fact that the Defendant committed forced indecent act on June 10, 2015 and sexual intercourse on August 3, 2015.
Therefore, the defendant's assertion of facts is without merit.
A. We examine whether the victim's statement is reliable since the victim's statement is only the victim's statement so long as the defendant does not recognize the crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act committed by force against disability).
1) The victim stated the facts of the damage on the date of witnessing the scene set forth in Section 2 of the facts of the crime in the judgment below, and the victim stated that "the victim was damaged in the "second floor male toilet" other than the library, and "the defendant was unfolded in the toilet, saw, saw," and later, "the defendant or the victim was not off his clothes," and she was flicked.
The Defendant, who was giving water to a chemical part, called the victim's water and spared water into a male toilet. The Defendant stated that he did not have any day, and she did not have any day thereafter. The Defendant stated that the above statement was a false statement, and that it was obvious that the above statement was a false statement, and that it was a false statement, the Defendant again stated that he was a false statement.