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(영문) 대전고등법원 2016.04.22 2016노70
간음유인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the requester for an attachment order (hereinafter “Defendant”) 1 (hereinafter “Defendant”) are false (guilty part of the judgment of the court below) Defendant: (a) the date and time indicated in paragraph (1) of the criminal facts stated in the judgment below; (b) there was a fact that kis the victim kis, and kisss and kisssssss, and kisss, at a place where the crime was committed; but (b) there was no fact that the victim collected kis and kis, which was bound by the victim’s entrance (

Now, at the time of committing the crime No. 1 and No. 2 in the holding, the Defendant did not have awareness of the victim’s mental disorder as above (No. 2). 2) The punishment of the lower court’s improper sentencing (no. 4 years of imprisonment) is too heavy.

B. Prosecutor 1) The victim’s statement to the effect that the Defendant’s sexual organ was inserted into the victim’s sexual organ is reliable. As such, the part of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of disabled persons) regarding the Defendant’s sexual intercourse with the disabled victim should be found guilty of the Defendant’s sexual organ rather than the same attempted crime as the lower judgment.

2) The sentence of the lower court’s improper sentencing is too minor.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the Defendant alleged that the lower court also argued that the Defendant is identical to the assertion of mistake of the above facts, and the lower court, based on the legal doctrine and grounds set forth in its reasoning, made the victim’s statement that the Defendant collected the personal injury of the victim, thereby entering the victim, has credibility.

In light of the above, the defendant was found guilty and the defendant did not accept the above argument.

Examining the evidence adopted and examined by the court below closely, such determination by the court below is justified and acceptable, and it does not seem to have any error of mistake as alleged by the defendant.

We cannot accept this part of the defendant's argument.

2) The Defendant part of the second point is part of this part.

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