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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2013.11.07 2013노412
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case of the defendant's assertion of mistake of facts, the direct evidence of the defendant's rapes over two times the victim E (here, 16 years of age) who is a pro-child relative is the only statement of the above victim. The court below's judgment that found the defendant guilty of this part of the facts charged by misunderstanding of facts is erroneous in the misapprehension of facts, although the statement is not consistent and is not consistent.

B. The Defendant’s imprisonment (ten years of imprisonment, 80 hours of order to complete sexual assault treatment programs, and 10 years of information disclosure and notification) declared by the lower court on the ground of unfair sentencing by the Defendant and the prosecutor is too unreasonable for the Defendant, and the prosecutor is too uneasible.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts, and the facts and circumstances in the decision of the court below recognized thereby, the victim E's statement consistent with this part of the facts charged is sufficient to be reliable, and the evidence in the decision of the court below, including this, can be recognized as facts charged. Thus, the court below which found the defendant guilty of this part of the facts charged is just and there is no illegality such as

B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor was committed by the Defendant and the Defendant committed assaulting the Victim E, who is his relative, and rape twice. The Defendant inflicted an injury on the Victim G (the fourth-year-old) of one’s wife, the victim I (the second-year-old-old-old-age-based-based-based-based-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-

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