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(영문) 광주고등법원 2018.11.29 2018노272
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The judgment below

The conviction part of the defendant's case and the claim part of the attachment order order shall be reversed.

The sentence against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) did not commit each indecent act against the victim B in paragraphs (b) through (e) of Article 1-2 of the judgment of the court below, and each rape and attempted rape against the victim F in paragraph (2) of the judgment of the court below, and sexual intercourse was committed under the agreement with the victim C in paragraph (3) of the judgment of the court below.

In particular, in each initial police investigation against the victim B and F, the victims did not make a statement about the fact that the defendant had raped F, and there is no circumstance to support the rape of the defendant.

Nevertheless, the judgment of the court below that found this part of the charges guilty based on each statement of the victims with no credibility is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

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

B. Prosecutor 1) In light of the fact that the victim B made a clear statement at an investigative agency that is distinguished from the criminal facts as indicated in the lower judgment, the Defendant committed an indecent act against the victim B, such as as described in this part of the facts charged, around 2016.

It is reasonable to view it.

In addition, according to the evidence submitted, it is recognized that the defendant had sexual intercourse with the above victim three times by coercing the victim C's free will through a series of words of the victim C in 2017.

2) The lower court’s improper sentencing is deemed to be too uneasible and unreasonable.

2. We examine ex officio the grounds for appeal by both parties, prior to the judgment

A. The prosecutor added “indecent act by force of minors” to the name of the crime in this court, and added “Articles 305 and 298 of the Criminal Act” to “indecent act by force of minors” under the applicable law, and Article 1-e and f of the facts charged, as follows.

As stated in paragraphs (1) and (e), each application for changes in indictment has been filed, and this Court shall grant permission to do so and shall be subject to the adjudication.

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