성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles regarding ① Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) are true when the defendant contests with the victim, but this is not a means of rape, and thus, the crime of rape is not established. ② Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) are true, but the defendant has abused the victim, and there is no fact that the defendant has sexual intercourse with the victim after reconciliation, and ③ Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Cases concerning the Punishment, etc. of Sexual Crimes) has no threat to the victim. The court below found the defendant guilty of all the charges of this case by reliance on the statement of the victim without credibility, even though the defendant had sexual intercourse
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. The judgment of the court below also asserted that the defendant's assertion of mistake of facts and misapprehension of legal principles are the same as the grounds for appeal in this part, and the court below rejected the above argument in detail with the defendant's assertion and its decision in the judgment of the court below, and recognized that the statement made by the investigation agency of the victim is more specific and consistent, taking into account the situation at the time of damage to the victim, response methods, the statement made by the investigation agency of the victim, and the statement made by the investigation agency of the victim was reliable, based on the statement made by the investigation agency of the victim with credibility.
In the trial of the party, the victim E was directly examined as a witness, and in light of the victim's attitude, contents and the penance of the statement, the judgment of the court below to the same effect is recognized as credibility of the victim's statement.