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(영문) 대구고등법원 2016.03.24 2015노637

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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. The Defendant and the requester for an attachment order (hereinafter “Defendant”) did not have sexual intercourse, i.e., inserting the Defendant’s sexual organ into the victim’s sexual organ during the victim’s sexual organ, with respect to the crime of the first crime of the first crime of the first crime of the second crime of the second crime of the judgment of the court below (hereinafter “the second crime of the second crime”), the crime of the first crime of the second crime of the second crime of the second crime of the second crime of the second crime of the crime of the second crime of the second crime of the victim of the crime of the second crime of the second crime.

2) Even if all of the facts charged in the instant case are found guilty, the lower court’s punishment (15 years of imprisonment) is too unreasonable.

3) The lower court ordering the Defendant to attach an electronic tracking device for a location of 20 years against the Defendant, as part of the attachment order, is excessively harsh and unfair.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion on this part is rejected.

① On August 30, 2015, immediately after the fourth crime, the victim made a statement about the overall damage including sexual intercourse related to the fourth crime from around 17:05 to 18:35, and the content of the statement is very detailed, specific, and contradictory according to time order, and there is no contradiction between the victim’s age 12 and the victim’s age 12, it cannot be deemed that the victim experienced the fact that the victim did not experience.

Moreover, there is no reason or motive for the victim to keep false facts about sexual intercourse.

(2) On September 2, 2015, the aggrieved person shall keep snow in the process of counseling on the question points among the details of the statement by police officers and the injured persons on the transfer, and the details of the transfer statement are all false.