(영문) 광주고등법원 2013.11.14 2013노401 | 리걸엔진

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(영문) 광주고등법원 2013.11.14 2013노401

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) did not commit any indecent act by rape or coercion against the victim D (the current 25 years of age), and there was no sexual intercourse with the victim E (the current 27 years of age).

(2) The sentence imposed by the lower court on the Defendant (a notice of disclosure of information for eight years of imprisonment, forty hours of order, and ten years of imprisonment) is too unreasonable.

B. Prosecutor (1) The sentence imposed by the lower court on the Defendant case is too unfortunate and unreasonable.

(2) The risk of recidivism is recognized in light of the following: (a) the Defendant repeatedly commits a sexual crime; (b) the Defendant’s avoidance of a crime; and (c) the Defendant’s absence of good faith.

Therefore, it is unreasonable for the court below to dismiss the request for the attachment order of this case.

2. Judgment on the defendant's assertion of mistake of facts

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's act of rape or coercion of the victim D as stated in the judgment below, and the defendant's act of sexual intercourse with the victim E who has mental disability through force three times through three times. Thus, the above argument by the defendant is without merit.

B. The part concerning the crime against the victim D (1) consistently with the police since September 2007 to the court of the court below, stating, “When the victim is going to go to the studio while attending the university in light of the light around September 2007, the telephone from the defendant did not have a friendly room in the studio. The defendant was found in the studio, and the defendant was placed on the studio and was placed on the studio because the defendant would go to go to the studio. Of that, the defendant was able to go to go to the studio.” Accordingly, the defendant was raped from the defendant, the circumstances leading up to the crime, the contents of the crime, and after the crime.

유사 판례

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