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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (related to the Defendant’s case) did not commit an indecent act by force against the victim B on or around 2008, or rape the victim on or around 2008. The victim’s statement is not reliable in light of the circumstances leading up to the filing of the complaint. 2) The lower court’s sentence of unfair sentencing (related to the Defendant’s case) is too unreasonable.
B. In light of the fact that a public prosecutor (related to the attachment order case) who requested the attachment order (hereinafter “defendant”) had continuously committed rape and indecent act by force from around 1999 to around 2008 and committed an indecent act against the victim again in around 2017, about nine years thereafter, the recidivism of the sexual crime is recognized. In addition, in light of the relationship between the Defendant and the victim, the risk of recidivism of the sexual crime is high in the future.
2. Determination on the grounds for appeal by the defendant against the accused case
A. 1) The Defendant alleged that the lower court also argued to the same effect as the grounds for appeal in this part. As to this, the lower court: (i) on January 11, 2018, the victim filed a complaint with the Defendant (hereinafter “the first complaint”).
A complaint submitted while stating that "sexual assault continued from 1999 to 2007. The victim's sexual organ was not inserted in the victim's sexual organ." ② At the time of the first complaint, the victim stated that "at the time of the first complaint, there was no damage higher than that of the second to third grade, no damage was inflicted on living in Seoul, no damage was inflicted on November 30 of the second year, and no damage was inflicted on November 30 of the second year." (3) However, among the first complaint, the victim was released from a non-prosecution disposition on the ground of the expiration of the statute of limitations on the crimes around 1999, around 2004, around 2005, around 2006, around 2006, and around 2006, around June 12, 2018, the victim added the facts that each crime was committed in around 2008 as stated in the judgment of the court below.