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The judgment below
Among them, the part of conviction and the part of acquittal on January 21, 2016 regarding the inducement of sexual intercourse shall be reversed.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (unfair sentencing) is too unreasonable because it is too unreasonable for the lower court to have been sentenced to imprisonment (eight months).
B. A prosecutor 1) The Defendant, by misapprehending the legal principles and mistake of facts, led the victim to the place of I/J with the intent to cause the victim to have sexual intercourse with F/J, and thus, the crime of inducing sexual intercourse is established.
2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.
2. First, we examine the prosecutor’s mistake of facts and unfair argument of sentencing.
A. The Defendant charged with the charge of inducing sexual intercourse is between the victim E (V, 20 years of age) who is a disabled person of Grade III with intellectual disability and the victim’s birth.
1) On January 18, 2016, the Defendant: (a) had the victim drink F with F in mind that he would have sexual intercourse with F; (b) had the victim drinked to drink as F; and (c) had the victim’s house located in Gangwon-do G G located in Gangwon-do, Gangwon-do, the Defendant left the victim to K5 cars, and (d) 207 IMoel Iel located in Y (307 of the indictment appears to have written indictment).
As a result, the defendant induced F to have the victim sexual intercourse with the victim.
2) On January 21, 2016, the Defendant, at around 16:00, got the victim to drink as J with a view to having the victim engage in sexual intercourse. On the other hand, the Defendant got the victim to drink at the L Bus Terminal located in Gangseo-gu, Suwon-gu, Suwon-gu, Suwon-gun, and went the victim to J’s Kaone Star car, and went to the 204 apartment unit in Chuncheon-gu, J’s residence.
Accordingly, the defendant induced the victim to have sexual intercourse with the victim by J.
B. The following facts are acknowledged according to the evidence adopted and examined by the court below and the court below.
1) The victim is the birth of AG with the second son among the four women between AE and AF, and the female life in AH is Q (H).
2) The entire I Q measured by K-WAIS in the report on the psychological evaluation of the victim’s intellectual ability (A) is less than 45.
Social age is 14 years of age and social welfare index is 78 years of age.