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(영문) 대전고등법원 2016.11.25 2016노208
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendants"): The court below's sentence (nine years of imprisonment) is too unreasonable.

B. A prosecutor (in the case of a request for attachment order), misunderstanding of facts or misunderstanding of legal principles: the lower court erred by misapprehending facts or misapprehending legal principles, thereby dismissing the request for attachment order of this case.

2. Determination

A. Defendant 1’s judgment ex officio) The Defendant and his defense counsel asserted only the grounds for appeal to the effect that “this case’s charges are recognized and all of the charges are admitted” in the statement of grounds for appeal submitted within the period for appeal on July 26, 2016, but, on February 8, 2016, the Defendant could not be pregnant due to the fact that the Defendant did not have any circumstance within the injured party’s nature, the lower court’s sentencing was unreasonable.”

However, the subsequent defense counsel asserted that there was a mistake of mistake in the lower judgment to the effect that “the Defendant committed rape against the victim on or around February 8, 2016,” in addition to the grounds for appeal in addition to the aforementioned grounds for appeal via a defense counsel’s opinion filed on August 29, 2016, after the lapse of the period for filing the statement of grounds of appeal.”

Ultimately, since the defendant and defense counsel asserted mistake of facts after the lapse of the appeal period, the defendant and defense counsel's assertion of mistake of facts cannot be seen as legitimate grounds for appeal, and they are only meaningful to urge the court to make ex

However, this Court shall make ex officio decisions as to the legitimacy of the assertion, taking into account the circumstances examined to a considerable extent in the trial.

B. In light of the following circumstances acknowledged by the lower court and the lower court based on the evidence duly admitted and examined by the lower court, the Defendant is the Defendant on February 8, 2016, as indicated in this part of the facts charged.

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