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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.01.23 2013노3822
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to a prosecuted case against which the request for attachment order was filed, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case for which the attachment order was requested.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 201; 201Do201, Aug. 25, 201). Thus, the claim for attachment order is excluded from the scope of the trial of this Court.

2. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have the victim’s indecent act by compulsion, and the E’s statement that corresponds to the facts charged is difficult to believe.

B. In light of the Defendant’s family environment claiming unreasonable sentencing, the Defendant’s health condition, etc., the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

3. Determination

A. It is sufficiently acceptable that the lower court found E’s statement that conforms to the facts charged, based on the circumstances stated in its reasoning, guilty of the facts charged in the instant case on the ground that it is reliable.

Therefore, the defendant's assertion of mistake is without merit.

B. Even before the instant case, even if the Defendant had been sentenced to a three-year suspended sentence on the ground that he had committed indecent act by compulsion of the victim, the Defendant committed another crime of this case again, and the Defendant committed the instant crime against his age, and the Defendant committed a sexual crime against his father and wife, other than the instant case, and the Defendant committed a sexual crime against his child, and the Defendant’s 106 pages of the investigation record (the part concerning the Defendant’s statement) did not receive a letter from the victim and his mother, etc. favorable to the Defendant, and the Defendant’s health was not good due to a yellow disorder, etc.

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