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(영문) 광주고등법원 2020.06.18 2020노106
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the lower court found the Defendant guilty of the instant facts charged by misunderstanding the remaining facts dependent only on the statements of the victim without credibility.

B. The grounds for appeal of unfair sentencing are asserted after the lapse of the period for filing a statement of grounds for appeal, and thus, the decision of this court is only the meaning of demanding ex officio request

The sentencing of the court below is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted that the Defendant was identical to the assertion of mistake of facts, and the lower court rejected the Defendant’s allegation on the ground that, in full view of the following circumstances known by the evidence adopted, the Defendant could sufficiently recognize the fact that the Defendant committed an indecent act by deceiving the victim’s chest, sound, and her mar.

(1) The victim’s statement about the fact of damage contains relatively consistent, concrete, and detailed details that are difficult to make a statement from an investigative agency to a court of original instance, with respect to the major parts, such as the background and place of the indecent act committed, and the details and method of the indecent act.

(2) In light of the following circumstances, it is evident that the victim has become an offender, and the statement of such offender has credibility.

The victims of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the victim of the victim of the crime of the victim of the crime of the victim of the crime of the victim of the crime of the victim of the crime of the victim of the crime of the victim of the victim of the crime of the victim of the crime of the victim of the victim of the crime of the victim of the victim of the crime of the victim of the crime of the victim of the victim of the crime of the victim of the victim of the crime of the victim of the

The victims stated in the investigative agency and the court of the court below that "A Mesace was first met."

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