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(영문) 부산고등법원 2017.05.11 2017노86

강제추행상해등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case against the defendant and the person who requested an attachment order (as to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment below, hereinafter "the defendant") did not commit any crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) as stated in this part of the facts charged, and there was no omission between the defendant and the person who requested an attachment order (hereinafter "the defendant") at the place specified in the above facts charged at the time specified in the above facts charged.

Although the Defendant’s DNA was detected at the victim’s external appearance and hacks, considering the fact that many DNA was detected at the victim’s tear in panty, the Defendant’s sperm was not discovered within the victim’s quality, and that there was no reflection on the part of the victim’s external appearance, it is difficult to view that the above facts charged was proven without reasonable doubt.

Nevertheless, the court below convicted the above facts charged. The court below erred by misapprehending the legal principles as to the burden of proof of facts or by misapprehending the legal principles, which affected the conclusion of judgment.

B) The punishment sentenced by the court below to the defendant [one-year imprisonment with prison labor for the crime of injury in the judgment and for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)] is too unreasonable.

2) According to the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant committed an indecent act against the victim under the circumstances as stated in this part of the facts charged. However, the court below acquitted the defendant on the above facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B) The sentence sentenced by the lower court to the Defendant is too unfortunate and unreasonable.

(b).