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(영문) 서울고등법원 2015.01.22 2013노3974
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

All of the prosecutions of this case are dismissed.

The judgment below

(2).

Reasons

1. The summary of the grounds for appeal by the prosecutor was in the relation of the defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") and the victim's mental disability at the time of the instant case, and the court below's dismissal of all of the prosecutions of this case by determining otherwise, is erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles.

2. Determination on the part of the defendant's case

A. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio before the judgment on the grounds of appeal. Of the facts charged in the instant case, the prosecutor changed the part of “the defendant is a person in a de facto marital relationship with F, E, the mother of the victim D (M, E, E, and is in a de facto marital relationship with F,” from among the facts charged in the instant case on October 21, 2012, the defendant committed an indecent act by force against the victim using the victim’s ability to discern things or make decisions with the victim with the intellectual disability level (45 points in intelligence index).” The part of “the defendant, by this, committed an indecent act by force against the victim who has de facto kinship with the victim, and committed an indecent act by force,” and the part of “the defendant changed the name of “the victim by blood or marriage,” to “the date on which he/she committed an indecent act by force against the victim with intellectual disability,” and Article 201(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (M.).

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