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(영문) 부산고등법원 (창원) 2018.04.30 2017노329
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The facts constituting the crime No. 1-A as indicated in the judgment below are as follows: (a) the spouse H of the defendant as stated in paragraph (c) exercised the influence over the victim F, and the defendant did not commit an indecent act against the victim F as stated in the above facts constituting the crime.

2) No. 3 of the criminal facts stated in the judgment of the court below, the Defendant: (a) laid the embars on the ground floor at the time; (b) did not have the victim H; and (c) took the kitchen with the kitchen gate; and (d) did not pose a threat to the above victim as they do with the kitchen gate, such as the above criminal facts, so the Defendant did not cause the above victim to feel fear.

3) No. 3-B of the crime of the lower judgment stated in the lower judgment, the Defendant did not want to load hot water at the victim H’s face, such as the above crime, or display a knife knife to the said victim.

4) At the time of Paragraph 5 of the decision of the court below, the Defendant, at the time of Paragraph 5 of the decision of the court below, diced the victim’s speech, dispute with the victim H and entered the room to prevent the said victim from entering. However, the Defendant did not know that the victim’s h was flusing the door so long as the victim’s h was flusing, etc., and did not know that the h was flu

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. (1) Determination on the assertion of mistake of facts 1) The admissibility of a confession or credibility of a confession is doubtful solely on the grounds that the confession in the investigative agency and the court of first instance at the court of appeal differs from the legal statement in the appellate court.

In determining the credibility of a confession, the credibility of the confession shall be determined in consideration of whether the contents of the confession are objectively rational, what is the motive or reason of the confession, what is the reason why the confession was caused, what is the reason why the confession was made, whether there is any conflict or inconsistency with the confession among other evidence than the confessions.

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