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(영문) 광주고등법원 (전주) 2014.12.09 2014노204
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (in fact-finding and unreasonable sentencing) committed an indecent act by compulsion on the part of the victim of a drunk, on the part of the victim, and did not have committed an indecent act by compulsion. The lower court erred by misapprehending the facts, and the lower court’s sentence (one year of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The lower court’s sentence (e.g., e., examination) is too une., unreasonable.

2. Determination:

A. As to the Defendant’s assertion of mistake of facts on the following grounds, the lower court found the Defendant guilty of the facts charged in this case by recognizing the credibility of the victim, H, and F’s statements that correspond to the facts charged on the following grounds. From an investigative agency to the lower court’s court, the victim stated that he was forced to engage in indecent acts, such as the facts charged in the Defendant’s judgment, and that H, which was the same at the time, stated that the Defendant had her frienced with “the victim’s drinking”, and that “I would like to have her friend and go against the Defendant.” Furthermore, the Defendant stated that “I would like to have her friend and go against the Defendant,” and that “I would like to have her early friend and go against the Defendant.” Since the victim, H, and F had no incentive to make a false statement in order to raise the Defendant, each of the above statements is credibility. Although each of the above statements is contradictory or partially reversed, it is difficult to acknowledge the credibility of the victim’s testimony due to each part of H.

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