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(영문) 서울고등법원 2021.01.22 2020노505
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding [In the case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Person with Disabilities) or violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Forced Act on the Protection of Children and Juveniles against Sexual Abuse), the victim, although disabled persons with intellectual disability 3 years of age, has intelligence to 10 years of age. The victim knew the police officers dispatched to the scene on the day of the instant case about the indecent act by the defendant, and in the G Center investigation conducted on the same day, the defendant made a statement on the part of the facts charged, including the victim's chest, as a substitute for the fact that the witness's statement is not consistent and is not consistent with the part of the facts charged, the court below acquitted all of the selective charges on the ground that the witness's statement is not consistent. The judgment below

B. The sentence sentenced by the lower court (one year of imprisonment with prison labor, two years of suspended sentence, etc.) is too unhutiled and unfair.

2. Ex officio determination

A. When the first defendant was prosecuted as concurrent crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force of persons with disabilities), but the court below raised questions as to whether the defendant was aware of the victim's disability at the court below, the prosecutor added the point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (indecent Acts by force of persons with disabilities) to the selective charges on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force of persons

The court below found the defendant guilty of the charges of kidnapping sexual intercourse, but it is not consistent with the victim's statements as to the selective charges of indecent conduct above, but is not consistent with the overall facts or unrealistic parts, and it is not consistent with the facts of bodily injury of the only victim who the defendant stated by F who observed the situation at the time, and in particular, it is not consistent with the facts.

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