(영문) 부산고등법원 2012.12.27 2012노581 | 리걸엔진

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(영문) 부산고등법원 2012.12.27 2012노581

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Fact-finding; however, there is no fact that the Defendant committed an indecent act by inserting the victim’s sexual organ into the negative part of the victim, such as prompting the victim’s chest and spreading the victim’s chest; or that there is no fact that the Defendant has sexual intercourse by inserting the victim’

(2) The court below found the Defendant to have sexual intercourse with the victim and found the Defendant guilty of the facts charged of this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) In relation to the process of the victim's entering the Defendant's house on the day of the instant crime, the Defendant, as stated in the facts charged, did not have to drive away the victim's house that passed along the NA and go fright and go into the Defendant's house, and the victim was found at the Defendant's house.

Nevertheless, the court below recognized that the defendant was able to move to the defendant's house by moving the victim's house, which passed by the NA on the day of the crime of this case, by driving away the victim's house, and going to the defendant's house. Therefore, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (five years of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. (1) As to the assertion that there is no sexual intercourse by inserting the victim's sexual organ into the victim's negative organ, the defendant also argued to the same effect as the grounds for appeal in this part, and as to this, the court below rejected this part of the defendant's assertion and found the defendant guilty of this part of the charges on the grounds as stated in its reasoning. According to the records, the fact-finding and decision of the court below are justified.

Therefore, the judgment of the court below is the same as the defendant asserts.

유사 판례

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