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(영문) 대구고등법원 2013.05.22 2012노664
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed for a period of ten years.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant found the Defendant guilty of rape based on the statement of the victim without credibility, even though he did not have sexual intercourse, only committed an indecent act on the part of the victim by deceiving the victim’s chest and her mother with his own chest and her own fry with his her own fry by finding the victim’s home.

B. The lower court’s imprisonment (six years of imprisonment) is too unreasonable.

2. Determination

A. (1) On April 30, 2012, the facts charged in the instant case: (a) around 12:30 on April 30, 2012, the Defendant had sexual intercourse with the victim one time after suppressing the victim’s resistance; (b) the victim, who became aware of in the course of engaging in usual conduct at home, in the place of residence of the victim C (the age of 19) with intellectual disability-2; (c) had the victim aware of the fact that he/she is married with the victim at home; (d) had the victim be forced to rape the victim; (e) had the victim be forced to leave the victim at home; and (e) had the victim go against the victim’s sound and chest by hand, “the victim was killed in knife.,” and (e) had sexual intercourse with the victim with the mental disability; (e) the victim was found to have experienced the victim’s 2nd degree of his/her ability to make a statement in the instant case; and (e) the victim’s statement was not consistent with his/her logic and logic.

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