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(영문) 부산고등법원 (창원) 2013.10.18 2013노269
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with the Disabled) committed sexual intercourse with the victim with mental disability, but the first instance court found the Defendant not guilty of this part of the charges on the ground that the evidence submitted by the prosecutor, such as the statement of the victim, etc., alone, cannot be recognized as having sexual intercourse with the victim by force. 2) The Defendant’s inducement of minors (the Defendant) provided a space where the victim was requested by the victim that “the victim was able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

B. As to the punishment sentenced by the first instance court of unfair sentencing (one year and six months of imprisonment), the Defendant asserts that it is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the first instance court found the Defendant guilty of this part of the charges beyond a reasonable doubt solely based on the evidence submitted by the prosecutor, on the following grounds: (a) contrary to the victim’s statement, there was a voice reaction in the victim’s quality and clothes, and (b) the victim was detected only DNA in the victim’s clothes, etc.; (c) the victim’s mental disorder, mental disorder, and mental fission disorder caused by an accident that makes logical and reasonable impossible any logical and reasonable accident; and (d) the victim made a statement that he/she may not be punished by the police; and (e) the victim made a statement that he/she may not be punished by the Defendant.

This judgment of the first instance is compared with the records.

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