logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.08.18 2017노1503
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the victim E and the victim F suffered the same damage as indicated in each of the facts charged of this case from the investigative agency to the court below, who is the husband of G, who is the husband of the victims, from the victim to the court below, and from the person who requested an attachment order (hereinafter “defendant”).

Considering that the victims’ age was between the age of 9 and 15 at the time of each of the instant crimes, even if there were parts that appear to be certain consistency in the victims’ statements, the credibility of such statements shall not be rejected without any special reason.

Nevertheless, the court below rejected the credibility of statements made by the victims who correspond to each of the facts charged of this case, and acquitted each of the facts charged of this case, which affected the conclusion of the judgment.

B. It is unreasonable that the court below dismissed the defendant's request for attachment order of an electronic tracking device due to not guilty of each of the facts charged of this case even though the defendant's dismissal of the request for attachment order had a risk of repeating sexual crimes.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment held that the statements made at the investigative agency and the court of the lower court by the victims who correspond to each of the facts charged in the instant case have high probative value to the extent that they can be convicted of each of the facts charged

In addition, the remaining evidence submitted by the prosecutor alone is not sufficient to recognize that the defendant committed rape over four occasions, committed an indecent act once, and committed an indecent act against the victim F on five occasions as stated in the facts charged, and that all of the facts charged in the instant case was acquitted.

A) The victim E is raped on March 2008 (i.e., rape) of the victim E’s statement.

arrow