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Reasons
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(영문) 광주고등법원 2016.01.14 2015노510
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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The prosecutor's appeal is dismissed.

The judgment below

Attorney B (Law Firm) in the column of the first counsel of the text “Law Firm T.

Reasons

1. Summary of grounds for appeal;

A. The victim made a concrete statement about the crime of this case, the victim talked about the damage to her husband, the defendant knee kel kel kel kel kel kel kel kel kel kel kel kel kel kel, the victim's intellectual disability 2nd, etc., and the expertO analyzing the victim'

In light of the fact that H, I, and G witness days and the date on which the victim was forced to commit an indecent act, the above H, etc. is highly likely to have made a statement by obtaining tobacco from the Defendant of ordinary level, and that G is closely related to G in light of the fact that the Defendant was accompanied by G in the case where G filed a complaint against the victim, and that it was sent by the police to the Defendant and the Defendant was sent by the police, and the Defendant made a statement by the prosecution against H, I with the Defendant, I, etc., the victim’s statement may be reliable and it may not be easily believed that H, I, and G were made. Thus, the Defendant committed an indecent act against the victim as stated in the facts charged in the instant case.

It is reasonable to view it.

B. Nevertheless, the court below acquitted the victim of the facts charged in this case on the ground that it is difficult to believe the victim's statement. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. On May 21, 2015, the summary of the facts charged: (a) on the part of the Defendant, on the part of the victim D (V, 21 years old) with intellectual disability 2 in front of the Seo-gu Seo-gu Seoul Housing (hereinafter “instant official land”) and in the course of preventing the Defendant’s shoulder, etc. due to a sudden disorder, the Defendant committed an indecent act by force on the part of the victim who was physically disabled.

B. The lower court’s determination is that of this case.

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