(영문) 대구고등법원 2015.10.22 2015노324 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2015.10.22 2015노324

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

1. The part of the judgment below's conviction among the defendant's case shall be reversed.

2. The defendant is not guilty. 3. The defendant is not guilty.

Reasons

. The visiting G revealed that the victim was prepared in the court of the first instance that the victim, like the record of the injury, reported the franchisium to the franchisium as well as the record of the injury.

(Evidence Records, 592 pages, 250 pages of the trial records, and the victim’s trial statement at the trial court). However, in comparison with the above entry of money and the victim’s police statements, many parts are found that are inconsistent with the facts charged, such as the date and place of damage, and the details of the victim’s police statements, as indicated below.

The charge column of the No. 5 of the facts charged omitted the statement of the phrase “a force”, which is common to each of the facts charged, for the sake of defective expression.

On November 17, 2013, 17:50 on November 12, 2013, paragraph (1) 1, 2013, the victim police statement : (a) the entry of money in the victim's statement ; (b) the entry of money in the victim's police statement ; and (c) the entry of the fact of damage from the toilet to the chest above the clothes, and the statement of sexual intercourse * the statement of damage from the sexual intercourse * the entry of the defendant's clothes in the warehouse is written to the effect that the defendant was confined to the chest and the sound part of the victim's clothes. (a) (b) the statement of sexual intercourse - the statement of sexual intercourse 1:20 on December 17, 2013 at the accommodation 12:15 is written on the date of sexual intercourse.

(B) ① On October 10, 2013, paragraph (1) (b) around October 2013, in the warehouse, the Defendant stated that not only the victim’s clothes but also the lower part of the body was confined to the Defendant’s clothes on October 14, 2013.

On the opposite side of the disagreement, the defendant takes charge of the victim's growth in the office.

It is written to the effect that the chest was delivered, prompt, and sound as the part of the victim's clothes.

(3) Paragraph (2).

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