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(영문) 부산고등법원 (창원) 2014.08.20 2014노143
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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. Defendant and the respondent for an attachment order; 1) Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(2) Although the lower court did not have committed an indecent act by compulsion of the victim at the time and place of criminal facts, it erred by misapprehending the fact that the lower court found the victim guilty, thereby adversely affecting the conclusion of the judgment. (2) The sentence imposed by the lower court of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) The above sentence imposed by the lower court on the ground that the above sentence is too uneasible and unfair. 2) The lower court’s dismissal of the request for attachment order is unjust, since the Defendant’s dismissal of the attachment order is recognized as a risk of

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of facts is based on the precedents, rules of evidence, and evidence concerning the criteria for determining the credibility of a statement made by a person who asserts that he is a sexual assault victim. 2) The Defendant also asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the above assertion by its reasoning under the title “determination of the Defendant and his defense counsel’s assertion.”

Examining the judgment of the court below closely and closely, the above judgment is justified.

3) Furthermore, in light of the following circumstances acknowledged by the court below and the evidence duly admitted and examined by the court below, the court below did not err by misapprehending the fact that the defendant had credibility in the victim's statement and found the defendant guilty of the crime of this case based on the above facts. (A) Mobile phone text messages and photographs (Evidence Nos. 11 through 16 pages) of obscene contents sent to the victim, who is his wife, prior to the crime of this case, and telephone communications (Evidence No. 17 through 28 pages) of obscene contents to the victim around that time by the defendant, and the contents of telephone communications between the defendant and the victim after the complaint of this case.

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