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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2020.01.17 2019노2489
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who committed an indecent act by mistake of facts or misapprehension of legal principles, committed an indecent act by force, only by driving the victim at the victim’s request, and did not commit an indecent act on the part of the taxi.

(2) The Defendant was unable to recognize that he was a disabled person, and did not have sexual intercourse by exercising power as to whether he was sexually having a sexual relationship with the victim.

B. The sentence imposed by the lower court on the Defendant (six years of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) Determination of mistake or misapprehension of legal principles as to the argument of mistake of facts in the lower court also argued the same as the grounds for appeal in this part. The lower court, in full view of these circumstances, determined that the victim’s statement related to the damaged facts was recognized as an indecent act and sexual intercourse with each other by force under the circumstance where the victim has credibility and was aware of the fact that the victim was unable to exercise his/her right to sexual self-determination. 2) Examining the following circumstances acknowledged by the lower court as the evidence duly adopted and investigated by the lower court, it is reasonable to view that the Defendant had been aware of the mental disability of the victim.

Therefore, this part of the defendant's argument is without merit.

(1) A statement analysis expert E shall be victimized by sexual assault in the court of the original instance, and in the case of a person with a mental disorder caused by 's on-site illness'.

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