성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
The judgment of the court below is reversed.
The crimes described in paragraph (1) of the judgment of the defendant shall be punished by imprisonment with prison labor for not less than one year and six months, and shall be punished by the decision.
1. Summary of grounds for appeal;
A. The Defendant did not commit any crime described in paragraphs (1) and (3) of the judgment of the court.
B. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to mental fissionation.
C. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the victim’s statement that was damaged as stated in paragraphs 1 and 3 of the judgment is admissible as credibility. Therefore, the lower court’s judgment convicting the Defendant of this part of the facts charged is justifiable.
Therefore, this part of the defendant's argument is without merit.
(1) The victims separately state the situation at the time of each of the instant crimes, and specifically state the words and actions of the Defendant with respect to the crime set forth in Paragraph (1) of the holding, in particular, a very detailed statement is made on the statement and actions that the Defendant had committed. Such statement is not contradictory in itself, and it is not possible to speak in detail even if it does not directly experience.
(2) The crime described in Paragraph (2) of the holding is also recognized by the defendant. The victim cannot be deemed to have received false statements from the defendant, in addition to the crime acknowledged by the defendant, in full view of the facts stated in Paragraph (1) prior to the recognition of the crime, that the defendant filed a complaint against the defendant and made a statement at the police, the victim's statement and attitude in the investigative agency contained in each video CD, the victim's age and sexual character, etc.
(3) The defendant asserts to the effect that only one of the crimes listed in Paragraph (2) of the judgment of the defendant's mother E was witnessed only once.
Defendant.