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(영문) 광주고등법원 (제주) 2014.08.20 2014노30

무고등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) at the time of the crime of attempted rape in this case, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed a violation of the law or misunderstanding of legal principles, since the court below found the Defendant guilty of the facts charged in this case in the absence of credibility in the victim’s statement, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed a new construction site at a 500-year museum (hereinafter “the construction site at the instant construction site”) and did not commit rape at the victim’s home.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the aforementioned assertion in detail, on the ground that the judgment on the part of the Defendant’s case was based on the title “judgment on the Defendant and his defense counsel’s assertion”.

We affirm the judgment of the court below with a thorough comparison of records.

In particular, considering the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the victim's statement is reliable, while there is no credibility of the defendant's statement, so the court below did not determine that there is an error of law as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

1 The Defendant asserts to the effect that “victim made a false statement.”

However, in light of the time of the instant crime, the criminal conduct of the victim and the Defendant on the day of the instant crime, the relationship between the victim and the Defendant, the Defendant’s speech, the details of the victim’s statement, etc., the victim’s statement is reliable, and the victim made a false statement on the fact that the victim was sexually abused.

or between the victim's parents and the defendant, in order to make a vindication for the late part-time feet, or between the victim's parents and the defendant.

참조조문