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(영문) 부산고등법원 (창원) 2020.05.27 2019노314
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for four years.

For the defendant 40 hours.

Reasons

1. Of the facts charged in this case, the lower court dismissed the prosecution as to the crime of assault and continued assault, and sentenced the remainder of the facts charged, and appealed against only the Defendant. As such, the dismissal of the public prosecution as mentioned above became final and conclusive separately from the attitude of the appeal period, and excluded from the scope of the judgment in this Court.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of the grounds for appeal;

A. misunderstanding of facts 1) With respect to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in relation to relatives), the Defendant did not rape the victim C, as described in this part of the facts charged. On June 12, 2016 presumed to be the date of the crime in this part, the Defendant completed night duty and worked at the night on the following day after the Defendant left diving at the hospital hospitalized by the wife. The lower court erred in misunderstanding of facts in this regard. 2) Although there was a fact that the Defendant was at one time when the victim H’s kneb kne, as described in this part of the facts charged, there was no fact that the Defendant got kneneef of the said victim’s chest, and had kneeker’s kne on one occasion, as described in this part of the facts charged.

The main point of the above victim's outbreak is that the victim who reported the slicker was wrong in the course of the slicker's slicker's slicking.

In this respect, the lower court erred by mistake of facts.

B. The sentence imposed by the lower court on the Defendant (one-year imprisonment, etc.) is too unreasonable.

3. Determination

A. A. In the facts charged by an ex officio determination prosecutor against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in relation to relatives), a prosecutor filed an application for amendment to a bill of amendment with regard to the amendment of the indictment with regard to “Policeman on June 12, 2016,” which is the date and time of the crime, to “Felman on June 24, 2016,” which is the part concerning the date and time of the crime, and

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