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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2012.12.27 2012노591
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim C or D, such as the facts constituting the crime 1, 2, and 4 in the judgment of the court below, and there was the fact that C was the chest of the victim C like the facts constituting the crime 3 in the judgment of the court below, but C merely committed an indecent act against the victim C by force.

Nevertheless, the court below found each of the above charges guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (two years of imprisonment and 200 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. The following circumstances found by the evidence duly adopted and examined by the court below in determining the assertion of mistake of facts: ① The victims have consistently stated their opinions to the extent that they had committed an indecent act from the investigative agency to the court of the court of the court below, as described in paragraphs 1 to 4 of the court below's decision, and that it is difficult to make a statement to the extent that they had no direct experience of the defendant's specific act; ③ the victims committed an indecent act against the defendant, "I am hye, hye, hye, hye, hye," and the defendants committed an indecent act against the victim D, "I am hye, hye, hye, hye," and the victim D stated that "I am hye," and "I am hye in the restaurant of the defendant and the victim".

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