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(영문) 부산고등법원(창원) 2020.11.18 2020노58
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The judgment below

The part of the defendant's case (including the part not guilty in the reason) shall be reversed.

The defendant is innocent.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the respondent for attachment order (the factual errors or misapprehension of the legal principle) stated that the Defendant’s conjunctive unreasonable sentencing is also the ground for appeal, except for the allegation of mistake or misapprehension of legal principles on the date of the first trial of the trial of the party. However, this is not a legitimate ground for appeal as it

The evidence of this case is the only statement of the victims, and there is no credibility because the statements of the victims are inconsistent as follows. Nevertheless, the judgment of the court below which found the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") guilty of the whole facts charged against the victim B (hereinafter referred to as the "victim B facts charged") and part of the facts charged against the victim C (hereinafter referred to as the "victim C facts charged"), is erroneous in the misapprehension of legal principles.

The victim B stated in P Counseling Center that “the defendant was seated in TV front of TV without the door being opened and the defendant was able to write down shots and sprinks before TV again, and the defendant was able to write down spacks and spacks.” The police stated that “the defendant was spacks and spacks on the spacks, spacks, and spackspacks.” The statements on the facts related to the victim B are inconsistent with the victim B, such as “the defendant was spacks the chest by spacks on the spacks, spacks, face, etc.”

The victim C made a statement in the police that “the defendant was cut down to the lower side of his own timber and was faster,” but the prosecution stated that “the defendant was raised to the chest and faster.”

In addition, while the victim C stated that "the defendant knee and knee knee knee knee knee knee knee knee knee knee knee knee knee."

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