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(영문) 서울고등법원 2017.03.23 2017노33
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant committed an indecent act by force, such as misunderstanding of facts, etc., the lower court convicted the Defendant of the instant facts charged on the grounds of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which were duly adopted and examined by the lower court in determining the assertion of mistake of facts, etc., (i) the victim lives together with his/her grandparents and the father of the victim, etc. in the investigative agency and the lower court, and the Defendant, a third degree of relationship, was living separately at a distance of one-minute distance from the victim’s house to the Do newsletter.

In the situation of the victim's grandparents, the defendant found the victim's house and brought a dispute with his grandparents, and the grandparents of the victim left only the victim and the defendant who were to throw away the victim's house of damage.

The Defendant reported TV at the inside of the Defendant, but the Defendant was able to drink with the victim’s inside and outside, and she was referring to whether the Defendant referring to the victim to “maths v. Mack rice.”

“Absing the horses and demanding the victim to follow the alcohol.”

In the process of the victim's drinking to the defendant at the request of the defendant, the defendant made the victim's words "a kbbbbbbbs" that "a kick, bad, and dial-a-a-dial is dial," and the victim's knife caused by hand reaches the victim's knife.

After that, the victim's grandparents return to the family, who were the grandparents of the victim, was born from the inside of the family and the father of the victim, and the defendant's defense counsel stated it concretely and consistently.

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