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(영문) 부산고등법원 (창원) 2016.05.11 2016노22
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not commit each of the crimes in this case, by misapprehending the legal principles or mistake of facts, and did not induce the victim for the purpose of sexual intercourse.

B. The Defendant with mental or physical disorder is under the influence of alcohol at the time of committing the instant crime, and thus, he/she ought to be mitigated from punishment.

(c)

The sentence (4 years of imprisonment, 80 hours of order) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the court below's determination is just and there is a violation of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the evidence, and by misunderstanding of facts or misunderstanding of legal principles as to the defendant's sexual intercourse, the defendant entices the victim to leave the defendant's house for the purpose of sexual intercourse, and allowing the victim to leave the victim's sexual organ at his hand and promptly put the victim's sexual organ into the defendant's sexual organ on the part of the victim's mouth by using the victim's mental disability.

subsection (b) of this section.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

1) At the time of the police investigation, the victim did not know of the identity of the perpetrator, and stated that “the male was seated behind the apartment, and that he became her on the ground that he/she became her on the ground,” and the perpetrator was identified as “Otoba dispute.”

In addition, the victim was making a talk about the apartment's reputation, but the victim was her mother's child.

The person was suffering from galmick.

The mother brought the “a person to a police box” to that person.

In this regard, a police officer was in fluent and fluent, and he was in the same age.

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