(영문) 서울고등법원 2018.11.20 2018노1610 | 리걸엔진

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(영문) 서울고등법원 2018.11.20 2018노1610

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. A summary of grounds for appeal (misunderstanding of facts) ① A victim was sent to a police officer who was sent to the 112 report immediately after the occurrence of the instant case by the victim and caused the victim to have his/her sexual intercourse by taking the hand of the defendant;

From the date stated in the court below to the date stated in the facts charged in this case, the defendant stated consistently and specifically as to the indecent act committed by the defendant as stated in the facts charged in this case. ② On the other hand, the defendant, at the victim’s request for the string of the victim, tried to drink the victim’s hand at the victim’s room, and tried to do so from the room, and the victim gets the victim’s hand, thereby covering it with the victim’s hand, and harming it one time at the pure mind of the victim.

In the prosecutor's office and the court below's court, after having made a statement, that the defendant made a consistent statement, such as making a statement that he/she had a hand in his/her own face because he/she intends to leave the victim's room, and making a statement that he/she has no record of dancing in the part of the victim, and making a statement that he/she has no record of dancing, etc., he/she may have the victim

However, there is a fact that the defendant refused and failed to undergo an inspection on the ground that he cannot be able to receive the date of the inspection, and the defendant submitted L and M documents to the prosecution, but the above fact-finding document author did not confirm that he did not confirm that he did not go to the protection of the victim since he did not take food many times after his memory.

In making a statement to the effect that “the victim made a statement to the effect that he/she was prepared at the Defendant’s request on the grounds for preparing a written confirmation of facts different from the statement, and ④ the victim made a complaint four times due to forced indecent act or rape prior to the instant case, but two of them were indicted, and the victim made a false statement to the effect that he/she was made for the settlement of agreement, as alleged by

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