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(영문) 광주고등법원 2019.01.31 2017노194
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. The statement in the investigative agency of the victim of mistake of facts is not consistent with the place of damage, the frequency of damage, and the location of the defendant vehicle's four-way location, the method of the defendant's intrusion into the victim's house, the location of the defendant's house, etc. are contradictory to objective facts, and the overall statement is very abstract without concrete contents.

Furthermore, there is a possibility that the victim made a statement due to confusion with other damaged facts in the past or the victim's memory and statement was contaminated by M, the mother of the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of sexual intercourse with a disabled person by residential intrusion and power among the charges of this case on the basis of a face-to-face investigation, etc. conducted by an investigative agency which cannot guarantee the statements and accuracy of the victim's statement at the investigative agency, and found the defendant guilty on the ground that the defendant was unaware of the fact, which affected the conclusion of the judgment

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. A. The summary of the facts charged 1) The Defendant was aware of the victim D, who was a disabled person of Grade II with intellectual disability that had been holding directors under the same sub-paragraph (d) around May 2014 (the victim’s guardian, 198.6.6.6. and 18 years old, and the victim’s guardian, her mother and her mother and her mother, who were the guardian of the victim, were married to the victim at the end of his/her life, if both her mother and her mother were to work.

The defendant, at the spring 2015, opened a door door to the victim and entered the house, knowing that both the mother and the mother, who are the guardian of the victim, are not in the house.

In addition, the defendant is trying to leave the victim who was seated on the floor of the bed room and reported TV on the floor, and is out of the victim's panty and panty.

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