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(영문) 서울고등법원 2019.08.22 2018노1574

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant case 1) misunderstanding of facts (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) with active and voluntary attitude at an investigative agency (hereinafter referred

(1) The victim’s statement is consistently stated and the victim’s statement is the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”).

In light of the overall circumstantial evidence, such as the fact of smoking marijuana of the victim, the victim knew the fact of damage to the male-gu and had a natural emotional response immediately after the case, and appealed to the same effect as the victim's speech and counsel, and tried to commit a crime directly, the victim's statement in the investigative agency is sufficiently recognized as credibility. However, the victim's statement in the investigative agency is deemed to have made a statement to completely deny the damage in the court below's decision in order to seek to recover the relationship between the victim's continuous return to the family and his family members. Thus, the victim's statement in the investigative agency cannot be rejected on the ground of this, and even if so, the victim's statement in the investigative agency alone did not prove the fact that each of the facts charged was not proven without reasonable doubt, and thus, the court below's decision of not guilty was erroneous. 2) The sentence of the court below against the defendant of unfair sentencing (eight months and two years of suspension of execution, etc.) is too unfair.

(b) When the defendant for whom the application to attach an attachment order is recognized to have committed a crime as stated in each of the facts charged, considering the background and frequency of the crime and character and conduct of the defendant.