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(영문) 서울고등법원 2017.03.23 2016노3961
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant and the respondent for the attachment order and the respondent for the attachment order (hereinafter the Defendant) committed rape against the victim on December 2012, the lower court found the Defendant guilty of this part of the charges on the grounds of the victim’s statement, etc. without credibility. In so doing, the lower court erred by misapprehending the facts.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Part 1 of the case of Defendant 1) Comprehensively admitted the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s assertion of misunderstanding of the facts, namely, the following circumstances: (a) the victim was raped by the Defendant from the investigative agency for the first time around December of 7 death.

7 In the event of slaughter, a person was under the influence of a boat.

D) The victim made a statement to the effect that “I am to the hospital because I am in their body from time to time, I am to the hospital” and made a concrete statement on the time when I am raped for the first time. In fact, D, the victim’s mother, gave birth to the victim’s her mother around March 20, 2013, ② at the time, the victim “I am her chest and her mother with the victim’s clothes, and the Defendant inserted the victim’s sexual organ into the victim’s sexual organ.”

The injured person is a defendant.

At the same time, the defendant's shoulder was sealed and the defendant was suspended.

The statement was made to the effect that the breast was "the defendant's rape and the symptoms of the victim" to the effect that the breast were stated to the effect that "the defendant was sexually and concretely stated in detail on the defendant's rape and the symptoms of the victim, and D, in December 2013, stated to the effect that "the defendant was placed in the victim's chest and sexual organ, and the victim's sexual organ."

The statement corresponds to the statement of the victim, 4. The victim's statement is consistent and clear as to the time and contents of the damage, and it is not possible to find any contradictions in addition to the victim's statement.

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