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(영문) 대구고등법원 2016.12.01 2016노340
아동ㆍ청소년의성보호에관한법률위반(강제추행)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. With respect to the fact of an indecent act by mistake of facts by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant 1”), there is no fact that the Defendant committed an indecent act by force against the victim F, and the statement made by the Defendant that the Defendant was forced to commit indecent act by force from the Defendant is not reliable. In relation to the fact of rape, the Defendant’s statement that the Defendant was sexual intercourse only with the victim under an agreement with the victim J, did not commit rape, and the Defendant’s statement that the Defendant was raped from the Defendant is not reliable. 2) The lower court’s punishment of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too unfasible and unfair. 2) Since the Defendant’s part of the case where the attachment order is applied is likely to repeat a crime, the attachment order request should be

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, it can be sufficiently recognized that the Defendant committed an indecent act by force against the victim F.

Therefore, this part of the defendant's argument is without merit.

① On the new wall of the instant case, the victim stated the fact of damage at the saw Support Center, and the content of the statement was consistent and specifically stated the victim’s developments and behavior leading up to a crime that is easily favorable or difficult to describe without direct experience, the objective situation at the time of damage, the Defendant’s speech and behavior, the victim’s attitude or subjective appraisal, and the circumstances after the crime.

It is difficult to see that the victim was tending to have been interested in, i.e., the victim’s statement, because there is no particular contradiction or non-conformity with the rule of experience in the victim’s statement, the content is unique, unique, and life, and the response and interaction between the Defendant and the victim with respect to the situation is relatively clear.

(2) The defendant.

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