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(영문) 부산고등법원 2018.06.21 2018노131

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) do not intend to look at the victim’s quantity, but rather did not have the victim’s kisck or sck the victim’s chest. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) do not scam.

2) At the time of committing an indecent act by force, the Defendant was physically and mentally deprived or physically weak at the time of committing an indecent act.

3) The punishment sentenced by the lower court (two years and six months of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant is too uneasible.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of an electronic tracking device, even though it is probable that the Defendant would have committed a sex crime again.

2. Determination on the part of the case of the defendant

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, it can be sufficiently recognized that the Defendant forced the disabled victim to commit an indecent act as stated in the facts constituting a crime.

Therefore, the decision of the court below that found the Defendant guilty of this part of the facts charged is just, and there is no error of misunderstanding the facts or misunderstanding the legal principles as alleged by the Defendant.

① The Defendant acknowledged all the facts of indecent act against the victim as indicated in the facts of the crime in the police investigation. The Prosecutor’s investigation acknowledged the victim’s quantity in light of the facts of the crime, but denied the remainder of indecent act while not doing so.

However, the Defendant stated that this part of the facts charged was also recognized on the third trial date at the lower court.

(2) The victim shall be the date of the instant crime.