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(영문) 대구고등법원 2015.04.23 2014노700
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit an indecent act against the victim. Nevertheless, the lower court convicted the Defendant of the instant facts charged on the sole basis of only the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) Even if the facts charged in the instant case were to be found guilty, the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the victim’s statement regarding each of the instant indecent acts is deemed to have credibility, and the victim’s statement may sufficiently be acknowledged without reasonable doubt by the victim’s statement with credibility.

① With respect to the facts of damage and its circumstances at the investigative agency and the court below’s decision, the Defendant had committed an act, such as viewing Pono image or demanding DNA to have sexual intercourse with the Defendant’s wife and the mother of the victims, even before being seen by the victim and his/her birth. The victim stated that he/she committed an indecent act as described in each of the facts charged in the instant case.

The statement of the victim is very specific, detailed, and consistent with the contents of the victim's statement, such as place and method of the crime, situation at the time of the crime, and the change

(2) The defendant asserts that the victim's statement is too detailed and is not more reliable, but the victim who was 13 years old at the time of committing the crime is fully aware of the victim's special experience, such as this case, and the contents of the statement are not specified as time.

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