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(영문) 대전고등법원 2013.07.24 2013노267
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Inasmuch as there is no evidence to prove that a witness who made the original statement was unable to make a statement due to death, disease, foreign residence, unknown whereabouts, or any other similar cause and there is no evidence to prove that the statement was made in a particularly reliable state, the victim was unable to meet the requirements under Article 316(2) of the Criminal Procedure Act and could not be used as evidence of conviction on the sole ground of the fact that the victim was physically handicapped 1 and was unable to make a statement due to physical disability, such as physical disability, which makes it difficult for him to do so. 2) The part on which the victim’s statement was made in witness F, and G’s testimony constitutes a case where the victim’s statement was made by a witness who made the original statement, and the victim’s statement was made in a particularly reliable state.

As such, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall not apply to the crimes of quasi-rape.

3) The lower court’s sentencing of unreasonable sentencing (the imprisonment of eight months is too unlimited and unfair).

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. On the grounds delineated below, the lower court determined that the Defendant’s defense suit was rejected, and recognized the credibility of the victim’s statement, and all of the Defendant’s indecent act by force as a primary evidence.

The victim stated that the defendant was her chest and her butt, and the witness F stated that the defendant was her chest in the rear side of the victim, and that the defendant was her feld on the chest of the victim.

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