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(영문) 부산고등법원 2015.11.04 2015노478
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

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

(2).

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant and the person subject to a request to attach an order (hereinafter “the defendant”) guilty only with a misunderstanding of facts and misunderstanding of legal principles (the guilty part of the judgment of the court below) that the defendant had sexual intercourse with the victim under the mutual agreement with the victim and did not have sexual intercourse with the victim by force, is erroneous in the misapprehension of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. 2) The sentence of the court below against the defendant of unfair sentencing (two years and six months of

B. The prosecutor 1 of the judgment of the court below acknowledged the fact that the victim was a disabled person with a significantly falling intellectual ability according to the evidence of mistake of facts (the part of acquittal in the judgment of the court below), and the defendant could sufficiently recognize the victim's intellectual disability while communicating with the victim for four hours together with the victim. However, the judgment of the court below which found the defendant not guilty of the primary facts charged because the defendant did not recognize the victim's intellectual disability, which affected the conclusion of the judgment by misconception of facts. 2) The sentence of the judgment of the court below on the

3. Determination

A. The lower court’s determination of the Defendant’s misunderstanding of facts (the guilty part of the lower judgment) 1, in light of the following circumstances, determined that the Defendant could have acknowledged the fact that the Defendant had sexual intercourse by force with the victim, a juvenile, at the time and place as indicated in the lower judgment. (A) The victim requested the victim to have sexual intercourse and refused it at the time and place as indicated in the lower judgment; (b) the Defendant: (c) made the victim’s refusal to have sexual intercourse; and (d) caused the Defendant to buck up the face with the floor of hand-on and drinking with the victim’s spath, making the victim’s spath and spath; and (d) “the Defendant caused the Defendant to set up a cell phone regardless of the victim’s sexual intercourse with the victim’s sex,”

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