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(영문) 대구고등법원 2015.02.05 2014노395
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

In addition, all appeals filed by the person whose attachment order is requested and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, Article 1-1(1) of the Criminal Procedure Act provides that the person who requested the attachment order (hereinafter referred to as the "defendant") shall be subject to the original judgment.

The defendant in part of the port (the point of indecent act by compulsion) has a physical contact with the criminal facts at the time of the original trial, and there was no intention to commit an indecent act against the victim.

No. 1-b at the time of the original adjudication.

Although there was a little severe punishment in the course of punishing the victims in the part of paragraph (1) of the Child Welfare Act (the violation of the Child Welfare Act), the lower court did not commit the crime at the time of original adjudication as stated in the “Defendant’s Claim” in the attached Table of the lower judgment.

[Crime List] There was no fact that the Defendant’s assertion of the facts charged at the temporary place of the crime (an abuse) (i.e., the Defendant’s assertion from May 22, 2012 to May 24, 2012, when residing at the Paris Fund, when the victim’s arms were collected at 4-5 times in Paris.

On the other hand, the victim is only a friendly one.

3. On June 1, 2013, 17:00, the victim’s h 3th floor “Chewing, pet,” and the victim’s muck and bucks hbucks are unlikely to do so when the victim’s mucks and bucks are put up four times, and only two times when mucks are placed.

4. On June 1, 2013, 19:00 " " 19:00 " was expressed to the mother B of the victim, and there was no fact that the victim committed the same crime as the facts charged by hand with the snow of the victim.

5. On June 18, 2013, around 18:00, the part of the victim's arms, bucks, and traw with the Paris package was twice the part of traw in the beginning of the meeting, not the Paris book in several times.

6 In August 2013, 2013, G "Chewing, balker" is called "Chewing, and the victim's snow is flick due to fingers while playing in the hands and the snow is fliff in the finger.

7. On September 5, 2013, the victim's growth floor was 2 times at the Magmon fel, and the victim's growth floor was suled in 2 times at the Magmon fel, not at the sule fel, but only twice at the sule fel.

8. The second order of September 2013.

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