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(영문) 대전고등법원 2020.09.11 2020노148
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles - The victim’s statement of not guilty portion of the judgment of the court below can be trusted in its motive, consistency in the statement, etc.

On the other hand, H and G statements contrary to the victim's statement are hard to believe.

In addition, the content of the statement analysis against the victim is that the amount of the statement is not clear enough to analyze it, not that it cannot be trusted.

Nevertheless, the lower court rejected the credibility of the victim’s statement and acquitted the Defendant partially.

The court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unfair sentencing (two years of imprisonment for a period of eight months’ suspension of execution, etc.) is too unjustifiable and unfair.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of this part of the facts charged is that the Defendant is a victim D (12 to 14 years of age) who is a de facto marital parent in H’s de facto marital relationship.

1) On July 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force on the Punishment, etc. of Sexual Crimes) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act by force on the part of the Defendant’s house located in Daejeon Middle-gu B apartment or the Defendant’s house located in Daejeon (the age of 12 at that time) brought about several cases on the part of the victim’s chests. Accordingly, the Defendant committed an indecent act by force on the part of the victim under 13 years of age. 2) The Defendant committed an indecent act on the part of the victim who was de facto related to relatives. 2) On July 2, 2017, the Defendant, who was placed in the part of the Defendant’s house at the time from the beginning to B, and who was in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act by force on the part of the Defendant).

The defendant does not want to do so to the victim "........".

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