logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2012.11.23 2012노1603
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not take money by taking advantage of the victim’s state of mental and physical disability. 2) The sentence of the lower court on the Defendant of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) In the facts charged in the instant case, the lower court found the Defendant not guilty of the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (rape-rape, etc. against the disabled) among the facts charged in the instant case. However, there was an error of misconception of facts in determining the Defendant not guilty of this part of the facts charged, since the victim was in a state of failing to resist due to mental disorder on the grounds of mental disorder. 2) The

2. Determination

A. The court below also argued that the defendant's assertion of mistake of facts against the defendant's quasi-Fraud is identical to the grounds for appeal against quasi-Fraud in the trial, and the court below rejected the above assertion in detail with the defendant's assertion and its judgment in the written judgment, as the title "Judgment on Quasi-Fraud" was called the "judgment on the Grounds for Quasi-Fraud". In comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misconception of facts, and therefore, this part of the defendant's assertion is without merit

B. The prosecutor asserts that there was an error of mistake of facts in the part of acquittal of the court below as to the primary facts charged by the prosecutor, but the court below stated in detail the judgment on the part of acquittal of the court below as to the primary facts charged. In comparison with the judgment of the court below, the judgment of the court below is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

arrow