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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.02.18 2015노2801
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) of each of the facts charged in the instant case, if the victim of a sexual crime takes into account the characteristics of the intellectual disabled person, the victim’s statements are consistent and specific, and thus, it is sufficient to prove each of the facts charged

Nevertheless, the judgment of the court below which acquitted each of the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.

2. Determination

A. The lower court acquitted the Defendant on each of the charges of this case on the grounds that the evidence that correspond to each of the charges of this case, namely, the content of the victim’s statement, part of the Defendant’s statement and the medical certificate, etc. are difficult to recognize credibility or are insufficient to be

In light of the records, the above judgment of the court below is just, and there is no error of misconception of facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

B. As a part of the case for which the application for an attachment order is filed by a prosecutor on the case of the defendant, the appeal shall be deemed to have been filed regarding the case for which the application for an attachment order is filed in accordance with Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment

However, the prosecutor did not submit any grounds for appeal regarding the request for attachment order, and the judgment of the court below can not be examined and reversed ex officio.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., on the ground that the appeal by the prosecutor is without merit.

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