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(영문) 대구고등법원 2017.05.01 2016노645
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal of the case by the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") are as follows: although there was a dispute between the victims and the victims at the time and time specified in the facts charged of each special intimidation of the case, they will kill the victims.

There is no intimidation.

Nevertheless, the court below found the defendant guilty of each part of the charges on the basis of the statements made by the victims who are not reliable. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

In light of the fact that there is a reasonable ground that the victim's statement about the background of the damage caused by the public prosecutor's mistake (related to forced indecent conduct and rape) is very specific, that there is a correction of the date and time of the damage caused and the statement about the background of partial damage; and that there is no motive for the victim to file a complaint against the defendant in particular, the victim's statement may be reliable.

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged on the ground that the victim's statement cannot be reliable. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

In light of the various sentencing conditions in this case, the sentence imposed by the court below (the imprisonment of eight months and the suspension of execution of two years) is too uneasable and unfair.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the Defendant’s assertion of mistake of facts (related to special intimidation), the court below’s determination is just and acceptable, and there is no error of law by misunderstanding the facts as pointed out by the Defendant, thereby affecting the conclusion of the judgment.

With regard to the issue of special intimidation on May 2012, 190, victim D's friendship I from investigative agencies to the court below's decision.

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