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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2015.06.11 2015노146
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) - Defendant and the respondent for an attachment order (hereinafter “Defendant”)

(2) At the time of the instant case, the lower court found the Defendant guilty of the instant facts charged on the sole basis of the victim’s statement suspected of credibility. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even if it found the Defendant guilty of the instant facts charged, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

B. The lower court exempted the Defendant from disclosure and notification order in light of the content of the crime of this case, the Defendant’s attitude, and the risk of recidivism, etc.

B) The lower court’s sentence of unreasonable sentencing is unreasonable and unreasonable. 3) In light of the content of the instant crime and the Defendant’s attitude after the instant crime, etc., the Defendant, who committed a sexual crime against a person with a mental disability, is likely to recommit a sex crime in the future.

Therefore, the lower court’s dismissal of the Defendant’s request for attachment order is unlawful.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of misunderstanding of facts, the victim’s statement is credibility.

(1) The victim consistently and specifically stated the course from the time he/she gets on the taxi to the place where the crime was committed, the fact of damage at the place where the crime was committed, etc.

This victim's statement contains detailed and extensive detailed information and context information.

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