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(영문) 대전고등법원 2018.09.07 2018노288
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

The judgment of the court below is reversed.

In the case of crimes Nos. 1 through 3 of the judgment of the defendant, seven years of imprisonment, and the crimes No. 4 through 6 of the judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for attachment order, and the requester for the protective observation order (hereinafter “Defendant”) as to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victim C (a person with disabilities) (hereinafter “victim”) are off the clothes of the victim C.

If you do not do so, you will not leave people.

There is no fact that the Defendant’s sexual organ was written off, and there was no fact that he or she was blick in his or herus, and there was no fact that he or she was blicked with his or her sexual organ inserted in his or herus.

Nevertheless, the court below found the victim C guilty of a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the victim C, and there is an error of misunderstanding the fact and affecting the judgment.

B. There is no fact that the defendant misleads the victim F of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the victim F has committed several times, but there is no fact that the victim F's her tum, etc. had been inserted in his/her her her sm, etc.

Nevertheless, the court below found the victim F guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the victim F, and there is an error of law by misunderstanding the fact and affecting the judgment.

(c)

(1) On May 4, 2017, the Defendant was able to commit each indecent act against the victim I and quasi-rape of rape. However, on May 4, 2017, the Defendant was able to use her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

2) On May 17, 2017, the Defendant did not inserting fingers into the victim I’s port on May 17, 2017.

3) On June 2017, the Defendant: (a) the victim I am shower in the toilet and asked the Defendant to keep the shower; (b) however, the Defendant first asked the Defendant to keep the shower.

Madern, Madern, .

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