성폭력범죄의처벌등에관한특례법위반(장애인강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Error 1) The Defendant did not have a sexual intercourse with the victim. 2) The Defendant was unaware of the victim’s intellectual disability.
B. The lower court’s sentencing (five years of imprisonment, five years of disclosure and notification order, and forty hours of sexual assault treatment program) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. 1) The judgment of the court below also made the same assertion in the court below. The court below also made a written statement about the damaged facts and submitted it to the investigation agency. The investigation agency prepared a concrete and consistent manner from the investigation agency to the court below to the court below, the circumstances leading up to the defendant A's house, house location, house structure, the defendant A's appearance, clothes that the defendant A was put into custody at the time of the crime of this case, the circumstances leading up to the defendant Eul's behavior before and after the crime of this case and other evidence that the victim was suffering at the time of the crime of this case, etc., the defendant Eul's behavior before and after the crime of this case and the crime of this case were made timely, and the court below rejected the defendant's defense suit that denies the sexual relation for the reason that the victim's statement was credibility, and it is not erroneous in the misapprehension of the judgment of the court below and there is no errors in the misapprehension of legal principles as to the judgment of the court below. 2)
B. Whether the victim was unaware of the disabled person: ① according to the “written opinion on sexual assault against intellectual disabled persons” prepared by the clinical Review specialist G, the victim was limited in understanding the investigator’s inquiry by low intellectual ability, and there was frequent talks that do not conform to the answer or logic of the document, and simply did not talk in a tension.