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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.11.28 2013노1669
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. In full view of the statements of the victims of the grounds for appeal, the court below found the victims guilty of the charges of this case as not recognizing the credibility of the victims' statements, and dismissed the request for the attachment order of this case. The judgment of the court below is erroneous in the misunderstanding of facts.

2. The facts charged in this case and facts constituting a ground for requesting an attachment order;

A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) indicated in the facts charged as follows: (a) the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) knew of the victims of intellectual disability 1st degree D (17 years old at the time) and the victims of intellectual disability 3 years old (15 years old at the time) who were married with C and lived with C and who were in a welfare

On February 4, 2011, the Defendant: (a) died of C’s father around 23:40 on February 4, 201, and (b) received the C’s request from C to protect victims who were staying outside of the welfare facility due to his/her temporary absence, and protected victims at C’s house located in F in Suwon-si, Suwon-si.

On February 5, 2011, the Defendant, at the home of the victims of the new wall, attempted to be out of the clothes of the victim D by reporting the victims and committing sexual intercourse with the victim E, even though the victim D was forced to be out of his clothes, despite the victim D’s resistance that it was said that he was off from his clothes, and forced the victim’s sexual organ and chest, sexual intercourse with the victim, and continued to be rape, and forced the victim E’s clothes in his future, and sexual intercourse with him once.

B. The Defendant is likely to recommit a sexual crime against a person under the age of 16, who committed a sexual crime.

3. The decision of the court below stated in the "judgment" as stated in Paragraph 2 of the judgment of the court below in detail the reasons for innocence of the facts charged of this case, and the defendant at the trial of the court below to the effect that "the evidence duly adopted and examined by the court below and the defendant's "it is not possible that the defendant may cause infection to the other party through sexual conduct."

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