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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2015.05.15 2014노545
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Judgment on the Grounds for Appeal

A. As to the assertion of misunderstanding of facts by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the lower court rejected the lower court’s determination to the effect that, in full view of the evidence as indicated in its reasoning, the victim’s statement is most specific and logical, i.e., the victim’s subjective sentiments at the time of damage, interaction between the victim and the victim does not seem to have been described specifically and naturally, and the victim did not appear to have made a false statement. The mother of the victim stated that even before the instant case, the Defendant had talked about the victim’s sexual intercourse with her husband, and that on July 8, 2013, the instant indecent act was committed by the victim. D used the victim’s desire to commit an indecent act against the disabled child G frequently, and that the Defendant did not make an indecent act against the victim or caused the victim to do so, and that it appears that it would be difficult to find out the objective fact that the victim did not temporarily have any other motive for the victim’s act.

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