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(영문) 대구고등법원 2019.05.08 2018노409
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The lower court sentenced the Defendants to one year and six months of imprisonment, two years of suspended execution, and fines of KRW 1,00,000 against Co-defendant C in the first instance trial, respectively, and the Defendants and the public prosecutor appealed only as to the part of the lower judgment against the Defendants.

Therefore, the part of the judgment of the court of first instance against Co-defendant C for which no appeal has been filed among the judgment of the court below is separated and confirmed, and the scope of this court's judgment is limited to the part against

2. Summary of grounds for appeal;

A. Defendants 1) In this case of mistake of facts, the Defendants 1 informed the E-Rehabilitation Board that “the Defendants have abusedd the victim.” The Defendants did not commit any assault or indecent act as stated in the facts charged in the lower judgment. However, the lower court convicted the Defendants. In so doing, the lower court erred by misunderstanding of facts. 2) Each sentence of the lower court against the Defendants (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

3. Determination

A. As to the Defendants’ assertion of mistake of facts, the Defendants asserted that the lower court did not have committed any assault or indecent act as stated in the facts constituting the crime.

In full view of the circumstances revealed by the evidence duly admitted and investigated by the lower court, the lower court is natural that ① all statements made by I, J, and K in support of the facts charged against the Defendants are credibility, and it is difficult to see that the Defendants were innocent by making a false statement by I, J, and K, and ② the process in which the instant crime was committed, starting from the internal accusation by I, J, and K, is very natural.

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