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(영문) 부산고등법원 2017.09.21 2017노409
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The fact-finding misunderstanding (the crime No. 1-D. as indicated in the judgment below)

The part of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Blood Relatives) in which the Defendant was guilty of this part of the charge, although the Defendant took the chest of the victim who was locked in the victim's room, the Defendant did not have "bucks about the victim's waters to the bucks and brought about the bucks" as stated in this part of the charge, the lower court found the Defendant guilty of this part of the charge. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness due to drinking.

(c)

The sentence (4 years of imprisonment, etc.) that the court below sentenced to the defendant is too unreasonable.

2. Determination

A. On November 12, 2016, the Defendant committed an indecent act on the part of this part of the facts charged by the Defendant, i.e., using the victim’s chest in a state of resistance in the room room of the victim C (the 18-year old-age), who is the victim’s relative to the Defendant’s residence in Ulsan-gu, Ulsan-gu, Seoul-gu, and the 18-year-old Defendant’s family. The victim’s chest in a state of resistance is able to resist, and the victim’s chest was able to resist, and the victim’s buck up to the buckbucks.

2) In the lower court’s determination, the Defendant led to the confession of all the facts charged, and the lower court found the Defendant guilty of all the facts charged, based on the remaining evidence duly adopted and examined by the lower court, including the Defendant

In doing so, the Defendant denied the whole facts charged at the time of interrogation of the police, and the Defendant led to confession of the victim’s chests among the above facts charged at the time of interrogation of the suspect. However, the victim’s body was reduced up to bucks, and the victim’s body was limited.

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