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(영문) 부산고등법원 (창원) 2020.05.11 2020노15
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the Defendant case’s partial conviction and partial innocence, the request for attachment order, and the request for probation order, and only the prosecutor appealed on the ground of mistake of facts and unreasonable sentencing as to the Defendant case among the judgment below.

(The Prosecutor stated in the petition of appeal that the scope of appeal is “the entire judgment,” but the case number is only indicated as “Jinwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office Decision 201Gohaps only mistake of facts and unreasonable sentencing regarding the accused case.” However, as long as the Prosecutor files an appeal against the accused case, it is deemed that an appeal was filed regarding the request for attachment order and the request for probation order under Articles 9(8) and 21-8 of the Act

2. Summary of grounds for appeal;

A. In light of the fact that the circumstance behind which the victim made a statement of damage is natural and there is no motive to dismiss the victim and the person to whom the attachment order was requested or the person to whom the probation order was requested (hereinafter referred to as the “defendant”), and the victim testified to the effect that there is no fact that the victim had his chest or sound, which was made after more than one year from the date on which the final damage was inflicted, and the possibility that the victim could have external impact on the surrounding persons before the testimony cannot be ruled out, the statement made at the investigative agency of the victim, which corresponds to this part of the facts charged, shall be sufficiently credibility.

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged to the purport that this is not reliable.

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