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(영문) 서울고등법원 2016.03.10 2015노3356
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

The defendant pays consolation money of KRW 7,00,000 to the applicant D.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim D, as stated in the instant facts charged.

B. Even if the Defendant was found to have committed an indecent act by force against the victim D, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

(c)

The punishment sentenced by the court below to the defendant (eight years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, and the following circumstances acknowledged by the victim D’s investigative agency’s statements, etc., the lower court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable.

Therefore, this part of the defendant's argument is without merit.

① The victim, “Around April 201 to May 5, 201, the Defendant scam together in the inner room where the Defendant scam together, thereby inserting a pursuant to the lock.

In his hand, the knife knife knife knife knife knife so that knife knife knife knife knife knife knife into the inner clothes, and knife knife knife knife knife knife knife

“The first indecent act was made on the day when the indecent act was committed, and was made a statement on the indecent act from that time to that time on April 2015.

As stated in the judgment of the court below, the victim's statement about the situation at the time when the defendant commits an indecent act against the victim, the details of damage, the defendant's behavior before and after the crime, etc. is specific and relatively consistent to the extent that it is difficult

② In particular, the injured party, relating to the circumstance in which the Defendant delivered his chest, “The Defendant reported the Defendant’s chest (referring to the ceiling upon examining whether the Defendant was a son).”

In addition, I look at this point from the point of view that she can enjoy.

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