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(영문) 광주고등법원 (전주) 2019.02.12 2018노138
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

information about the defendant for three years.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case: (a) misunderstanding of facts or misunderstanding of legal principles merely made physical contacts under the agreement with the victim, and did not commit any indecent act by force against the victim; and (b) the Defendant did not know that the victim was a disabled person at the time; (c) the lower court’s imprisonment (three years of imprisonment) was too unreasonable.

B. Considering that there is room for the Defendant to correct personality and behavior through the completion of a prison life and sexual assault treatment program, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device.

2. Determination

A. The following circumstances, i.e., the evidence duly adopted and investigated by the court below regarding the determination of facts or misapprehension of legal principles as to the part of the defendant's case, i.e., the defendant led to the crime of this case in the court of the court below, i.e., ① there is no circumstance to see that the credibility of the confession is doubtful, ② the victim consistently stated in the investigative agency that "it was true that the defendant began to commit an indecent act, but it was referring to how the expression of will of the disabled was scambling, although it was not good," and ③ the crime of this case was revealed by requesting an interview with the correctional officer on November 20, 2017 where the second victim suffered second damage, and the victim made a statement about the fact that there was no question about the situation that the victim would continue to suffer such damage in the future, and the victim made a statement about the situation that there was no other circumstance to see that there was any falsity in the victim's report.

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