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(영문) 광주고등법원 2014.05.29 2014노109
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the accused case claiming the attachment order when declared a guilty verdict, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case claiming the attachment order.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the defendant case constitutes the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. There is no mistake of fact that the Defendant had sexual intercourse between the victim and the victim.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

3. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant rapeed the victim as stated in its reasoning. A) The victim consistently stated from the investigative agency to the lower court that “In the event of a mixture, the Defendant scam and scam in the restaurant, scambling the coffee, etc. in the restaurant with doping, and scam out and scam off the clothes after the locking of the door. The Defendant scam and raped several times.”

B. The victim did not specifically specify the date when the victim was raped by the defendant, and did not request the police or his family members to help immediately after that day, and the complaint of this case was filed after about one year and four months from that time, but the victim stated that "the police did not make any report because it was the same as that of the police." The victim stated that "the victim did not report it because of the same reason," the degree of mental disorder of the victim is 48 years old and 10 years old and 6 months old, and that the degree of intelligence index is only 10 years old and 10 months old and 10 months old.

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