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(영문) 대전고등법원 (청주) 2018.05.03 2017노196
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant was the victim at the time of the instant case, but the victim concentrated in the speech but did not respond to it, and only did not take charge of the part of the buckbucks in order to concentrate on himself, and there was no intention to commit a indecent act by force, such as paragraph (1) of the lower judgment.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court (one year and six months of imprisonment with prison labor, two years of suspended execution, and forty hours of order to attend a school) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the lower court also asserted the same purport as the grounds for appeal in this part, and the lower court did not accept the above assertion after providing a detailed statement of various circumstances under the title of “determination on the Defendant and his defense counsel’s assertion.” As shown in the lower court’s reasoning, the victim did not have any motive to dismiss the Defendant, and the victim appears to have naturally made a statement of indecent act in the process of identifying the assault damage, and it appears that the victim’s losses were acknowledged in the victim’s buckbucks, and the Defendant took full account of all the following: (a) the victim’s speech to the buckbucks of the victim; (b) the victim’s act was committed before the victim’s speech to the bucks of the victim; (c) the victim’s act was committed by forceing the victim by several competent authorities to commit an indecent act; and (d) the Defendant’s intent to commit such act was also recognized. Therefore, this part of the allegation is without merit.

B. As to the unfair argument on sentencing, the Defendant committed an indecent act by force by deceiving the victim’s buckbucks where the disabled is the victim, and the victim as the person who is a dangerous object.

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