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(영문) 대구고등법원 2020.12.03 2020노345
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles with respect to the victim B, each of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the victim B (e.g., deception of the disabled person) does not mean that "the victim is off, off, and under his/her body's clothes, he/she is unable to deduct his/her bad body's ear, and there was a mental disorder to the victim, and the sexual relationship was made according to a normal agreement. 2) Since the defendant was paid the consideration after the defendant committed an act of awareness for the victim B as a person without any authority, it cannot be said that the fraudulent act constitutes a fraudulent act

B. The sentence imposed by the lower court (six years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant led to the confession of this part of the facts charged on the second day of the lower judgment on the date of the lower court’s second day. Considering the following circumstances that can be acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s determination that the Defendant had sexual intercourse with the victim B who has a mental disability through a deceptive scheme on two occasions is justifiable, and there is no error in matters of misunderstanding of facts and misapprehension of legal principles. This part of the Defendant’s assertion is without merit. ① The victim’s overall intelligence conducted at H around April 24, 2020 (K-WAS-IV) was set at the level of 55, 35, 300, 300,000 “the level of mental disorder available for education” as a result of the lower court’s second day of the judgment on the second day of the lower court’s second day of the lower court’s judgment on the grounds that the victim’s ability to understand the language of the victim was 14.

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