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(영문) 서울고등법원 2015.02.05 2014노2212
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The defendant case (1) misunderstanding of facts and misunderstanding of legal principles and the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") shall be subject to criminal facts

(a) paragraphs 1, 2 and 2-a;

act described in the subsection has not been committed.

In the case of the remaining criminal facts in the judgment of the court below, the sexual physical contact was part between the defendant and the victims, but this was not against the victims' will, and there was no intention to commit an indecent act against the defendant, or there was no exercise of force or force.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, which found the Defendant guilty of each of the facts charged in each of the instant case.

(2) The sentence of the lower judgment on unreasonable sentencing (10 years of imprisonment) is too unreasonable.

(b) There is no risk that a defendant in an attachment order will recommit the behavior of a sexual crime or a sexual crime;

Nevertheless, the lower judgment that cited the instant request for the attachment order is unreasonable.

2. Determination

A. (1) The Defendant asserted the same purport as the grounds for appeal in the lower judgment as to the allegation of misunderstanding of facts and misapprehension of legal principles.

Under the title of “determination on Defendant’s argument”, the lower court determined that the testimony of the victims, who correspond to each of the facts charged in the instant case, is reliable, and rejected the Defendant’s assertion, and found the Defendant guilty of each of the facts charged in the instant case.

In light of the following circumstances, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

(A) Regarding the credibility of the victims’ statements.

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