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(영문) 광주고등법원 2014.06.12 2014노51
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

In addition, both the respondent for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Of the facts charged against Defendant A, the lower court rendered a not-guilty verdict on each of the charges of indecent act by force on August 201, 201, the first police officer on April 201, and first police officer on May 201, 2012, and sentenced the remainder of the charges of indecent act on the ground of unfair sentencing. The prosecutor appealed on the part of the lower judgment only on the ground of unfair sentencing. Accordingly, the period of appeal was over and separately determined.

Therefore, the scope of this court's trial shall be limited to the remainder except the above acquittal portion among the judgment below.

2. Summary of grounds for appeal;

A. Defendant and the respondent for the attachment order: 1) Defendant and the respondent for the attachment order (hereinafter “defendants”)

(2) The lower court’s sentence (Defendant A: 6 years of imprisonment with prison labor, Defendant B: 4 years of suspended sentence of imprisonment with prison labor for 2 years and 4 years of suspended sentence of 2 years and 2 years of suspended sentence) against the Defendants on unreasonable sentencing is unreasonable.

B. Prosecutor 1) The lower court’s sentence against the Defendants is too unjustifiable and unreasonable. 2) Even if the Defendants were to be dismissed from the request for an attachment order, the lower court dismissed the request for the attachment order of this case.

3. Determination

A. 1) According to the evidence duly adopted and examined by the lower court, the lower court determined that the Defendants committed an indecent act by force against the victim F, such as paragraphs (a) and (2) of Article 1 of the lower judgment. A) The victim F is two persons who met the body of the Defendants in the investigative agency and the lower court.

1. The first time is that a head of a drinking house is carried on the side of a house, but a head of a house intending to put a hand into the panty panty and to hold a lock, and a head of a house spane knife knife knifs.

From the next day, LiberC set forth that swe can see TV in the dwelling space.

The end of this year has continued.

(2).

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