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(영문) 서울고등법원 2017.12.20 2017노2513
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and misapprehension of legal principles did not commit an indecent act by force against the victim F with intellectual disability 3 as stated in the facts charged in the instant case, and the statements made to the investigating agency of the victim that correspond to the facts charged in the instant case are not reliable.

Nevertheless, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine, which found the Defendant guilty of each of the facts charged.

2) The sentence of the lower court (two years and six months of imprisonment, and forty hours of completion of sexual assault treatment programs) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The summary of the facts charged in this case is that the Defendant is a corporation affiliated with C and is on the dispatch of the director in charge of the facility management of the E High School located in Gangseo-gu Seoul Metropolitan Office of Education, and the victim is employed as an employee in charge of the above high school contract according to the promotion of the mandatory employment of disabled persons by the Seoul Metropolitan Office of Education, and served as an employee in charge of the facility management support from July 6, 2015 to December 31, 2015,

The Defendant saw that the victim was unable to properly resist or divulge to others even if the victim committed an indecent act by taking advantage of his/her position as a manager, because he/she has a heavy capacity to judge on his/her own because of disability, and that the victim did not have the ability to resist properly or divulge it to others.

1) On November 2015, the Defendant, who committed a non-fluencing crime on the date, was written an appearance of the victim as an order order at the underground mechanical room of the E-high school located in Gangseo-gu Seoul Metropolitan Government D around the non-fluculation of the date on November 2015, and was off from the brush.

“The victim was frightened with panty and panty fright, so that the victim was frightened, and frightened below the victim’s sexual organ.

As a result, the Defendant committed an indecent act by force on the victim of intellectual disability 3.

2) A crime committed on December 3, 2015.

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