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(영문) 대구고등법원 2014.05.08 2014노13
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

Although the Defendant had raped the victim by the time of the original trial until 2007, the Defendant: (a) threatened the victim with a deadly weapon at the time and place specified in paragraph (1) of the crime; (b) raped the victim at the time and place specified in paragraph (2) of the crime at the time of the original trial; and (c) did not commit any indecent act on six occasions, such as the facts listed in paragraphs (3) and (4) of the crime at the time of the original trial; and (d) the statement of the victim in the original trial also conforms to

Nevertheless, the court below rejected the statements made by the victim in the court below in the court below, and rejected the statements made by the investigation agency with the contents contrary to this, and found the defendant guilty of all the above facts constituting the crime.

In light of the fact that the court below's sentence (four years of imprisonment) imposed on the defendant is the primary offender of unfair sentencing and the receipt of a letter from the victim, it is unfair that the sentence of the defendant is too unreasonable.

In light of the fact that the defendant continued to rape the victim over several years from October 2009, the prosecutor (unfair punishment)'s (unfair punishment)'s sentence imposed by the court below against the defendant is too uneased and unfair.

Judgment

The key issue of this part of the Defendant’s assertion of mistake of facts is to deny all criminal facts in the original adjudication, such as the Defendant asserts that no rape has been committed after 2007, as alleged in the summary of the grounds of appeal.

On the other hand, the victim made a statement in the investigative agency that corresponds to the facts of the crime at the time of the original trial, and the witness at the court of original trial is contrary to the contents of the statement in the investigative agency, and testified consistent with

In this case where there is no direct evidence other than the victim's statement, whether the defendant's assertion or the victim's statement in the court below can be found guilty according to the victim's existing investigation agency's statement or other evidence.

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