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(영문) 광주고등법원 (전주) 2015.01.27 2014노210

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as in the facts charged in this case, did not forcibly commit an indecent act or intimidation against a victim of a intellectual disability 3rd grade of the intellectual disability.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty on the basis of the statement of the victim with no credibility is erroneous and adversely affected by the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of disclosure and notification order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of each of the facts charged in this case is as follows: (a) the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force of the disabled) around 16:00 on a day, around 16:00, at the front of the D Middle School located in Yan-gu Seoul Special Metropolitan City, the Defendant’s bicycle of the Defendant was frightened to 3 people E (14 years old) with intellectual disability who seem to have an interest; and (b) the victim was fright to obscenity the Defendant’s house in Yan-gu, U.S.F., and fright to obscenity to fright the Defendant’s obscenity, and fright to frighten and smartphone to fright the victim, and she did not frighten to fright to fright the victim’s chest and fright to fright to fright the victim’s body at a place where she forced fright to fright the victim’s body.

(b).