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(영문) 서울고등법원 2017.01.13 2016노3076
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The guilty portion of the case against the defendant of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for five years.

. against the Defendant.

Reasons

The summary of the grounds for appeal is as follows: (a) as to the crime of indecent act by force against the victim P, a non-guilty part of the judgment of the court below, among the defendant's case, the defendant's and the person who requested an attachment order (hereinafter "the defendant"), the statement about the criminal conduct at the time of the crime by the defendant and the person who requested the attachment order (hereinafter "the defendant") is false in light of the location confirmation of the communications base station and the payment record; and (b) there is

The court below held that the victim P did not observe the principle of observance in the criminal identification procedure at the time the victim P showed the photograph of the defendant.

However, the first police had been similar to the CCTV offender through a search before the victim shows his/her photograph.

As a result, AC, which was identified as being similar to the offender, has shown the victim the photograph of AC (the 95-year birth) and seven other male pictures of the above victim, was excluded from the upper line, then again presented the defendant's photograph to the above victim. At the time, the police displayed the defendant's photograph immediately because the above victim had already excluded him from the upper line of the 7 male photographs, and the above victim was convicted that the defendant was the offender, unlike AC, the above victim was the offender.

Therefore, the above victim's statement about the identity of the offender and pointed out the defendant as the offender is credibility.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the charge of not guilty.

The sentence (six years of imprisonment) imposed by the court below on the defendant in regard to the guilty part among the accused cases of the judgment below which was unfair in sentencing is unfair.

Defendant

The sentence imposed by the court below on the defendant is too unreasonable.

Part of the case for which the attachment order is requested (defendant) that the defendant has a habit of sexual crime;

It is difficult to see, and

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