logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.02.02 2014노1189
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

120 hours against the defendant.

Reasons

In full view of the following circumstances, the victims were not guilty of the Defendant and the person who requested the attachment order (hereinafter “Defendant”) even though they could not exercise their right to sexual self-determination due to intellectual disability, in light of the summary of the grounds for appeal (misunderstanding of facts) and the F and the person with disabilities against J, the lower court erred by misapprehending the facts.

① The clinical Z, AA, and the victim F’s intelligence index shows that it is difficult for the victim F to use the 5-year-old level of sociality and communication capacity and 12 or more pieces and horses at the level of the I Q 45’s “serious mental delay.”

The self-help movement and management were assessed to be 7 years of age to 8 years of age.

② AB evaluated that “The victim J’s intellectual ability does not exceed 40 man-made intelligence index but has a intellectual function equivalent to the level of mental delay.”

③ The victims have consistently maintained from an investigative agency to the court of the court of the court below to the following.

The defendant's satisfy or "I wish to do so" has a satisfy relationship which does not want to do.

“The statement was made to the effect that it was “.”

④ There is no circumstance that the victims made a false statement in order to gather the Defendant, and there is no circumstance to suspect the credibility of the statement because it is contradictory to the statements of the victims or is contrary to other objective evidence.

A victim of an indecent act by force against the victim G has consistently stated the facts charged in the investigative agency and the court of the court below in lieu thereof, and was at the same time at the same time.

F also stated to the same effect as to the core part, and the statement that the victim or F did not experience due to intellectual disorder is specified.

arrow