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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.12.10 2015노2284
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Persons with Disabilities, Fraudulent Acts, etc.), the victim I’s statement, which is the only evidence of this part of the facts charged, is the defendant and the person subject to a request to attach an attachment order (hereinafter “defendant”) and the person subject to the request to attach an attachment order, is not reliable since it refers to the victim I’s statement

The defendant used power to the victim or did not commit an indecent act against the victim's will.

B) With respect to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of Persons with Disabilities), the statement made by the victimJ, which complies with this part of the facts charged, does not have credibility in light of the victim’s mental illness and peace nature, etc., and there is no fact that the Defendant delivered his/her her her her her her her her her her her her her her her her her her her her her her her her her chest or chest. Even if the Defendant contacted the victim’s her her chest in the process of restructuring the her her her her her her her her her

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Determination

A. Part 1 of the Defendant’s case pertains to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles) The Defendant also asserted the same as the grounds for appeal in the lower court.

The court below held that "the defendant and his defense counsel's assertion" and "the judgment on the credibility of the victim's statement" and "the judgment on the indecent act by force" under the title of "the defendant and his defense counsel's assertion" and "1. 2. 1. 2. 1. 2. 2.

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