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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 (전주) 2014.04.15 2014노49
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal filed on April 7, 2014, after the lapse of the period for filing the grounds for appeal, is examined to the extent that the appellate brief supplements the grounds for appeal.

The defendant is sexual intercourse or misunderstanding of legal principles under the agreement with the victim, and there is no rape or indecent act by assault or threat of the victim as stated in each of the facts charged in this case, and the victim's statement lacks consistency and rationality, thereby making it difficult to recognize credibility.

Therefore, the judgment of the court below which found the defendant guilty of each of the facts charged in this case by using the statement of the victim without credibility as evidence is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The court below's determination on the credibility of the victim's statement seems to have been unable to make detailed memory of the time and place of each of the crimes in this case. However, the court below held that the victim's statement could be acknowledged in light of the following circumstances: (a) the victim's victim's memory is not only clearly and consistently stated in the ward's crime, crime in small room, crime in the vehicle, and crime in the vehicle; (b) the victim's behavior at the time of damage is specifically described; and (c) the victim's husband and the defendant's child are based on the victim's statement, the victim's request was made to the effect that the victim was committed an indecent act against the defendant; and (d) I, the victim's wife, even after each of the crimes in this case, made a detailed and very detailed statement about the situation where the victim was aware of the damage.

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