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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.04.10 2013노3225
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The judgment of the court below which found the defendant guilty of the charge of rape of this case, even though the defendant, due to the incomplete hearing, failed to insert his sexual organ into the victim's sound book, was guilty of the attempted rape of this case.

The punishment sentenced by the court below of unfair sentencing (two years of imprisonment, and forty hours of sexual assault treatment programs) is too unlimited and unfair.

In full view of the following circumstances acknowledged by the court of the original judgment and the evidence duly adopted and examined by the court of this case, it cannot be deemed that there was an error of misconception of facts due to insufficient deliberation in the judgment of the court below finding guilty of the charge of rape of this case.

Therefore, this part of the defendant's assertion is without merit.

On July 2, 2013, the Defendant’s statement as to whether the Defendant inserted the Defendant’s sexual flag was put in the negative book at the time of interrogation of the police, but it was not known, but was put in the 50th 3 pages of the investigation record. The Defendant stated that it was “54 pages of the investigation record.”

On July 9, 2013, the Defendant stated, “At the time of the first interrogation of the suspect, the Defendant stated, “At the time of the first interrogation of the suspect, he did not put the sexual organ into the victim’s sound book with the sexual organ to be inserted into the victim’s sound book without the sexual organ being inserted. 86 pages of the investigation record.”

On July 12, 2013, at the time of the second interrogation of the suspect, the Defendant stated that “In order to have the victim come, and the two parts were frighted to live in the victim’s drinking book,” the Defendant went to the drinking book. The same was the same as the Defendant went to the drinking book at the level of 1-2 cent. The investigation record was 97 pages.”

On August 16, 2013, the Defendant made a statement that recognized all the facts charged regarding the number of rapes of this case during the first trial of the lower court on August 16, 2013, and on the second trial of the lower court on September 11, 2013.

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