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(영문) 부산고등법원 2015.11.12 2015노401

유사강간등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

However, Article 6 (6) of the lower judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request for attachment order (hereinafter “Defendant 1”) and the Defendant did not commit each crime on the date and time indicated in the facts charged in paragraphs (1) through (4) and (6) of the judgment of the court below, since there was no fact between the victim C’s residence. The date and time indicated in paragraph (5) of the judgment of the court below are only limited to the victim’s apartment house and the victim was in the house of friendship W, and there was no threat of the victim by using the victim’s e-mail. Nevertheless, the court below found the Defendant guilty of each of the above facts charged by reliance on the statements made by the victim C, F and G without credibility. 2) The sentence (three years of imprisonment and forty hours of completion of the sexual assault treatment program) which the court below sentenced to an unfair sentencing decision is unfair because it is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court of the Defendant case is too unfilled and unreasonable. 2) The Defendant not only committed similar rape and indecent act three times against the victim C, but also dismissed the Defendant’s request for an attachment order even when the risk of recidivism is recognized by committing similar rapes over two times against the victim F.

2. Determination

A. 1) The judgment of the court below as to the defendant's defendant's assertion of misunderstanding of facts was also erroneous in the court below.

The lower court, based on the evidence duly admitted and investigated, stated the following circumstances, i.e., ① the victim C, at the time of committing a crime that is difficult to understand if he/she did not directly experience with respect to each of the instant criminal facts, the details and methods of the crime, and the circumstances after the crime, etc.; ② the victims did not immediately report each of the instant criminal facts to the investigation agency, and the victim C attempted to attend until the victim C et al. completed the divorce procedure.