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(영문) 대전고등법원 2020.08.28 2020노144

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

Text

Defendant

In addition, each appeal filed by the respondent for attachment order and the prosecutor shall be dismissed.

Reasons

Summary of Grounds for Appeal

A. Of the criminal facts stated in the judgment of the court below, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendants") 1) in the case of paragraphs (1), (3), (4) (the part concerning indecent acts, such as deceptive scheme, etc.), and (5) (the part concerning special intimidation and child abuse in the first half of June 2016) among the criminal facts stated in the judgment of the court below, the defendant's consistent arguments were rejected and the defendant was found guilty without reasonable grounds, and there was an error of mistake of facts.

B) The lower court’s sentence of unreasonable sentencing (one-year imprisonment, etc.) is too unreasonable. 2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 20 years in the case of applying for an attachment order.

B. Prosecutor 1) In determining the facts on October 2018, 2018, the lower court acquitted the Defendant on the part of the lower judgment that found the Defendant not guilty of the child abuse even if the Defendant was found as a child abuse because the Defendant’s act was committed against the victim and when the victim’s head was committed was not a stimulhion but merely a stimulhion of violence of the Defendant. 2) In so doing, the lower court’s

2. Determination on the part of the defendant's case

A. The Defendant also asserted the same purport as the grounds for appeal in this part of the judgment below regarding the Defendant’s assertion of mistake of facts.

The court below rejected the defendant's assertion and found the defendant guilty of each part of the charges on the following grounds: (a) the facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below (as stated in the judgment of the court below 10 to 22 pages) are written in detail.

Examining the above circumstances revealed by the court below in light of the evidence duly adopted and examined by the court below and the records of this case, the above judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the defendant.

The defendant's right to cross-examine the victim through the grounds of appeal is closed.