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(영문) 부산고등법원 (창원) 2015.07.08 2015노160
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the criminal facts of the judgment of the court below, with regard to paragraph (1) of the facts alleged in the judgment of the court below, Defendant 1 did not have exceeded the victim F's will and diapers, and the Defendant's grandchildren were about intending to raise the victim's will, and did not know whether or not the victim was disabled. In relation to the criminal facts of the court below, in relation to paragraphs 2 and 3 of the facts stated in the judgment below, the Defendant was aware of the victim's movement clothes of the court below, and brought to the victim's father, Q, the father of the victim's father, and returned it to the victim's body, and it was merely returned to the victim's Ma, and it was not stolen. The Defendant did not cut off the victim's Ma's Ma because it was far away from the floor, and there was no cash other than three credit cards, and there was no theft of money inside the automobile. Nevertheless, the court below erred by misunderstanding the fact that the court below convicted all of the facts charged in this case and thereby affecting the judgment.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. 1) The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court rejected the instant charges by recognizing the facts charged in accordance with evidence in “the summary of evidence”. Examining the lower court’s judgment closely and closely comparison with the evidence and the rules of evidence, the said judgment is justifiable. 2) In particular, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in relation to paragraph (1) of the facts constituting the crime in the lower judgment, the lower court did not err by misapprehending the fact that the lower court deemed the witness’s statement to have credibility and thereby finding the Defendant guilty of this part of the facts charged.

(1) When a defendant finds a passenger motor vehicle, he/she shall be senior.

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