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(영문) 대전고등법원 (청주) 2018.07.26 2018노8
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal principles on the facts, or by misapprehending the legal principles, that the Defendant did not demand the victim to see the victim’s negative part or to request the victim to see the victim’s sexual intercourse, that the Defendant’s sexual intercourse with the rear part of the Defendant’s sexual intercourse, and that there was no saying that “the rejection would not cause a cellular phone.”

Nevertheless, the judgment of the court below which convicted the whole of the facts charged on the sole basis of the statements made by the victim with no credibility is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court (a three-year imprisonment, 40-hour order) which declared unfair sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant in the lower court’s judgment also denied all or part of the charges Nos. 1 through 3. However, the lower court, as stated in detail in the part on “determination on the Defendant and the defense counsel’s assertion” as stated in the part on “the judgment on the Defendant and the defense counsel’s assertion,” includes the specific and detailed contents or description that it is difficult to make a statement without experience, and the contents of the statement

The Defendant’s assertion was rejected on the grounds that the circumstances to view are difficult to find, and the credibility is high, and the charges were found guilty.

2) The above judgment of the court below is just in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, and there was no error of misunderstanding of facts or of misunderstanding of legal principles.

This part of the defendant's assertion is not accepted.

① The Defendant asserts that “the victim made a false statement to live together with her mother, and the victim’s her mother with the mind to have the victim take care of is involved in the victim’s false statement.”

However, among the crimes of this case, the defendant is "the defendant.

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