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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2014.10.30 2014노254
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted in the facts-finding of the defendant's case, although the victim C is a disabled person and the defendant and the person requesting an attachment order (hereinafter referred to as "the defendant") can be found guilty of rape of the victim by being aware of the victim's disability, the court below erred by misapprehending the facts.

The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution) of the lower court is too uneasible and unfair.

In light of the method, motive, circumstance, etc. of the crime committed by the illegal defendant exempted from disclosure, it is unreasonable that the court below failed to issue an order to disclose or notify the personal information of the defendant, in the absence of special circumstances that may not disclose or notify the personal information of the defendant.

In light of the method, motive, circumstance, etc. of the crime committed by the defendant in part of the request for attachment order, it is improper for the court below to dismiss the defendant's request for attachment order even if the defendant

The summary of this part of the facts charged as to the assertion of mistake of facts was known to the Defendant on March 28, 2014 through the “victim C (V, 20 years of age) and the “scarotop” of the Smartphoneting Corresponding. On March 28, 2014, the Defendant requested the Defendant to send the victim’s sound photographs to the victim and received three copies of the sound photographs from the victim.

The Defendant, by threateninging the victim to have sexual intercourse, by threatening him/her, and the same month from around 11:00 on April 1, 2014.

2. From 12:00 to 12:00, text messages sent to the victim several times through the Kakao Stockholm, etc. stating that the victim’s sexual intercourse would be disseminated without complying with the victim’s sexual intercourse.

On April 2, 2014, the Defendant threatened the victim by intimidationing the victim on April 12:30, 201, and led the victim to 501 Eel 501 in Manyang-si F, and requested sexual intercourse when the victim considers it to be crossed out the sound photo.

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