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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2015.11.04 2015노295
성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The statements of the victim in the gist of the grounds for appeal are consistent and concrete until the rehabilitation teacher counseling, the police, and the prosecution investigation.

In addition, the credibility of the victim's life attitude and intellectual ability, the victim's behavior related to the lending of money, the environment of the rehabilitation center workplace, etc. is high.

Nevertheless, the court below found the victim not guilty on the ground that the victim's statement was not reliable, which affected the conclusion of the judgment by misunderstanding the facts.

2. Since the judgment prosecutor did not supplement or additionally submit evidence that could not reject the judgment of the court below in the trial court, it is determined based on the evidence, legal principles, evidence law, and the criteria for determining the credibility of the statement of a person claiming sexual assault victim.

Based on the evidence duly adopted and examined by the court below, the court below acquitted the defendant on the facts charged of this case for the same reasons as the statement of the court below (the part between 3 and 10 pages of the original judgment) is just in light of the following factors: the victim's age as stated in the facts charged is 20 years of age; the E-Rehabilitation Board and C Rehabilitation Board did not discover a trace or symbol to acknowledge that sexual crimes have been committed against, or continuously or structurally against, other originals than the victim; thus, the credibility of the statement of a disabled ward is the main issue. The prosecutor cannot be deemed to have any error in the above judgment solely on the grounds of appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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