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(영문) 대구고등법원 2016.01.14 2015노317

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of reasons for appeal is that the victim has received approximately two weeks of pain due to various depressions, etc., and the victim has been prescribed for anti-accidents and anti-psychotropic drugs on January 6, 2014, and January 13, 2014. At the time of treatment, the victim complained of symptoms such as significant weather change, depression, shock behavior, suicide accident, aggressive behavior, and aggressive behavior, etc. At the time of treatment, he/she has received friendly opinions to the effect that continuous mental treatment is necessary (written opinion by the doctor S of the New Light Hospital of the Medical Corporation and the Mental Health Foundation). The victim was 75 (fence) with verbal intelligence 75 (fence), 65 (bence of light), 600) with the boundary line of all intelligence , and 95% with the general knowledge of the accident, and the victim's understanding of the accident at issue falls under the scope of average 95%, 90% of the total artificial intelligence , and 90% of the total artificial intelligence .

The evaluation of the victims (the report on the psychological evaluation of the Dong University race Hospital for the victims), L, an expert in sexual assault against children with disabilities, is somewhat lacking in the ability and environment to immediately resist the act of the victim and the person who requested to attach an attachment order (hereinafter referred to as the "defendant"), and the victim himself/herself cope with the problem.