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(영문) 서울고등법원 2013.10.18 2013노1690
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

Defendant

In addition, the appeal filed by the person subject to the attachment order and the prosecutor is dismissed.

Reasons

1. Part of the defendant's case

A. The summary of the grounds of appeal 1) The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") are erroneous in the judgment of the court below that found the victim's statement without credibility as evidence, although the victim was not raped on the date and time stated in the facts charged, and the court below found the victim's statement to be guilty as evidence, which affected the conclusion of the judgment.

B) The lower court’s sentence of unreasonable sentencing is too unreasonable and unreasonable. 2) The lower court’s sentence is too uneasible and unreasonable.

B. Determination 1 on the Defendant’s assertion of mistake of facts) The lower court also asserted the same as the grounds for appeal in this part. Accordingly, the lower court acknowledged the following facts: (a) the victim’s mental age was the disabled at Grade 3 with a mental disability with a mental age of five to six years; (b) the victim was admitted to N in the M bridge on March 4, 2010; (c) discharged on June 9, 2012; and (d) the victim was admitted to J on July 17, 2012; (b) the victim’s statement is relatively consistent with the contents of the victim’s statement; (c) the victim’s former rape was punished with the victim; and (c) the victim’s statement was consistent with the objective facts confirmed by other evidence; (d) the victim’s statement was difficult to find that the victim’s specific point of time and the point of damage was affected in advance, and (v) the victim’s statement or experience was difficult to find out the victim’s statement or experience on the part of the victim’s statement.

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