(영문) 광주고등법원 2017.01.12 2016노387 | 리걸엔진

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Reasons

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(영문) 광주고등법원 2017.01.12 2016노387

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant and the respondent for the attachment order (hereinafter “Defendant”) asserted that the Defendant and the respondent for the attachment order were erroneous, and there was no indecent act by force by assaulting and threatening the victims to the extent that it would be difficult to resist at the time of committing each indecent act in this case. ② The victim E was broken at the time of the entry in Section 2(c) of the judgment below, and thus, the victim E did not have a situation of resistance.

Nevertheless, the judgment of the court below which found all of the charges guilty is erroneous in the misapprehension of legal principles as to the crime of indecent act and the crime of forced indecent act, which affected the conclusion of the judgment.

2) The lower court’s sentence (five years of imprisonment, 40 hours of order to complete the course) against the Defendant alleged unfair sentencing is too unreasonable.

B. Prosecutor 1) The Defendant alleged the misunderstanding of the facts as follows: ① assault and intimidation against the victim D on two occasions to force the victim D to commit an indecent act, similar rape, and rape; ② Although it is sufficiently recognized that the victims habitually committed sexual abuse, the lower court acquitted the victims of this part of the facts charged, the lower court erred by misapprehending the legal doctrine.

2) It is unreasonable for the lower court to exempt the Defendant from issuing an order to disclose or notify personal information, even though there are no special circumstances in which the Defendant’s personal information should not be disclosed or notified.

3) It is improper for the lower court to dismiss the Defendant’s request for an attachment order of an electronic device requested by the Defendant.

2. Determination on the defendant's case

A. 1) Determination as to the Defendant’s assertion of mistake of fact 1) Determination as to the Defendant’s assertion of indecent act part concerning compulsory indecent act is also asserted in the lower court that his act does not constitute a forced indecent act, similar to the grounds for appeal in this part, and the lower court.

유사 판례

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