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(영문) 광주고등법원 (제주) 2016.06.01 2016노19
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not guilty of rape or indecent act against the victim.

In particular, the most direct evidence of the facts charged of this case

The credibility of the statements made by the victim can not be recognized because there are contradictory or inconsistent parts.

Nevertheless, the judgment of the court below which found the victim guilty of the facts charged in this case on the premise that the victim's statement is reliable is erroneous, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (a 7 years of imprisonment, 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of mistake of fact, the lower court: (a) examined the victim’s statement in its entirety, including whether the content of the statement itself has the legitimacy and logical logic; or (b) whether it is not contrary to other evidence or empirical rule; and (c) determined that the victim’s statement is credibility.

In light of the relationship between the defendant and the victim and the victim, the relationship between the defendant and the victim, the victim's investigative agency to the court below's trial, the contents of the conversation between the defendant and the victim, the contents of the text message sent by the defendant to the victim, the contents of the text message sent by the victim, F in compliance with the victim's statement, the victim and F's motive to make a false statement, and the degree of interest and disadvantage to be suffered from a false statement, etc., the court below is justified in finding the credibility of the victim's statement on the grounds as stated in its reasoning and finding the defendant guilty of all the facts charged of this case (the defendant want to be examined with the victim and the substitute).

The defendant's right to cross-examine at the time of testimony of the injured party.

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