(영문) 서울고등법원 2016.01.14 2015노2481 | 리걸엔진

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(영문) 서울고등법원 2016.01.14 2015노2481

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

The judgment below

The part of the case of the defendant is reversed.

The Defendant is not guilty. The part of the judgment below regarding the attachment order.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order and the person to whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by force against the victim.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged in this case based on the victim's statement, etc. suspected of credibility is erroneous and has affected the conclusion of the judgment.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unhued and unreasonable.

2) Since the defendant in the case of the attachment order is likely to repeat the crime, dismissing the request for the attachment order of this case is improper.

2. Determination

A. On October 05, 2014, around 03:30 on October 105, 2014, the summary of the facts charged in this case was as follows: (a) the Defendant, among the Defendant’s case, who was divingd in the influence room located in the Donung-si, Gangwon-do “D” joint venture, she was fluored, and she was fluored by the fluor of E (n, 16 years of age) and her hand in the clothes.

Accordingly, the defendant committed an indecent act by force against the victim in a state of impossibility of resistance.

2) The lower court also asserted the same as the grounds for appeal.

The court below held that the victim's statement in investigative agency contains concrete, detailed, and faithfully the victim's statement at the time of damage, and that the victim's statement in court of the court below seems to have reversed his own statement due to pressure and economic problems between the defendant and his relative. Since the victim's statement in investigative agency rather than the victim's statement in court of the court below is credibility, the defendant can be acknowledged as a facts of indecent act by force against the victim's relative as stated in the facts charged

In view of the facts charged of this case, the charges of this case were convicted.

3) The key issue is whether the Defendant consistently denies the instant facts charged from the police to the instant court.

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