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(영문) 서울고등법원 2016.06.17 2016노621
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) reveals relevant evidence, such as the statement of the victims who correspond to each of the facts charged in the instant case, the lower court acquitted all of the facts charged in the instant case on the ground that the Defendant and the person requesting the attachment order (hereinafter “Defendant”) sexual intercourse with the victim G with a mental disability who committed an indecent act by force at the time of the act recorded in each of the facts charged in the instant case, although it can be recognized that the Defendant and the person requesting the attachment order (hereinafter

2. Determination

A. As to the assertion of mistake of facts in the instant facts, the Defendant, on the spring of spring 2014, knew of the fact that: (a) the judgment of the victim F (F) and the victim G (Grade 19, intellectual disability 3) obtained through the Internet car page; and (b) there is a significant fall in judgment compared to the general public; and (c) other people have a tendency to follow the direction without any boundary if they have interest.

A) On May 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) was unable to do so by the victim G in a room in which it is impossible to identify the “Iel” room located in Hacheon-si, Seocheon-si, Seocheon-si.

“Notwithstanding being rejected, the victim’s body was forced to be exempted from all the clothes of the victim, and the victim was sexual intercourse once by force with the victim’s body, and has sexual intercourse with the victim with a mental disability by force.

B) On May 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. against the disabled) (1) around 21, 2014, “K” located in the 3rd floor of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Self-Governing Province, followed the head of the Victim G, led the victims to the arms of the Victim F, leading the victims to the Defendant’s sexual organ rapidly.

Despite the refusal of the victim G, the defendant forcedly deviates from all the clothes of the victim G, and one time.

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