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(영문) 광주고등법원 (제주) 2020.04.01 2019노125
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (the Act on the Punishment, etc. of Sexual Crimes and the Infringement of Residence) are asserted to the effect that the Defendant’s defense counsel is unlawful and insufficient, contrary to the victim’s statement, the charges concerning the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of the Disabled) and the Infringement of Residence during the second trial, which was submitted on March 19, 2020.

However, this cannot serve as a legitimate ground for appeal as an assertion filed after the deadline for submitting the statement of grounds of appeal. Moreover, the circumstances acknowledged by the court below based on these evidence, i.e., circumstances acknowledged by the court below, such as the statement of the court below duly adopted and investigated. ① The victim was unable to communicate with the general public with the disabled class 1 with the language, visual and hearing impairment, but the date and time of damage based on the victim’s statement was specified on August 20, 2018 as the result of the police investigation. After that, on August 20, 2018 from the vehicle number and image type type type type equipment installed on the road adjacent to the road, the court below acknowledged that the defendant’s vehicle was not in the vicinity of the victim’s residence and the defendant’s right to defense on three occasions (on May 18:30, 2018, around 06:00 on June 6, 2018, and early August 60, 2018).

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