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(영문) 부산고등법원 2014.09.17 2014노194
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

For a period of 10 years, disclosed information on the accused.

Reasons

1. Summary of the grounds for appeal;

A. The judgment of the court below that found the defendant guilty of robbery and rape although the defendant had not committed robbery and rape was erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. At the time of committing the robbery and rape in this case, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

C. The lower court’s sentence of unreasonable sentencing (ten years of imprisonment and ten years of disclosure and notification, respectively) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined at the lower court’s determination of misunderstanding of facts, the Defendant’s assertion on this part is without merit. As such, the Defendant’s results of genetic testing through DNA analysis, which is a method of scientific evidence of the credibility of genetic test results, is highly reliable insofar as an appraiser with sufficient professional knowledge and experience conducts an appraisal by utilizing the generally established standard testing method and the analysis of the results is recognized to have been conducted through appropriate procedures.

(See Supreme Court Decision 2007Do5888 delivered on September 20, 2007, Supreme Court Decision 2004Do7418 delivered on December 24, 2004, etc.). In light of the following circumstances acknowledged by the evidence duly admitted and duly examined by the court below, (i) Q was found at around 18:00 on November 5, 2007 at the main place operated by the victim in Ulsan-gu, Ulsan-gu, U.S., and reported to the police that the victim took care of his/her clothes face while the victim took care of his/her clothes face, and then the police dispatched transferred the victim to the Support Center for Sexual Violence Control at the S Hospital, and collected the content of the victim's face in the above center; and (ii) the Ulsan-Naman Southern Police Station as above.

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