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(영문) 광주고등법원 2015.07.02 2015노134
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case) Defendant 1 and the respondent for an attachment order (hereinafter “Defendant”) did not commit an indecent act against the victims.

Nevertheless, the lower court convicted the victims of all the charges by recognizing that the Defendant committed an indecent act by force.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

B) The punishment (two years and six months of imprisonment) of the lower court’s judgment on the assertion of unreasonable sentencing is too unreasonable. 2) The sentence of the lower court’s judgment on the ground of unfair sentencing is too uneasible and unreasonable.

B. It is unreasonable for the lower court to dismiss the request for attachment order even though it is necessary to attach an electronic tracking device because the Defendant’s request for attachment order is highly likely to repeat sexual crimes again.

2. Determination on the part of the defendant's case

A. In full view of the evidence duly admitted and examined by the court below regarding the defendant's assertion of mistake of facts, the court below is just in finding the defendant guilty of all the charges, and there is no error of law by mistake of facts, such as the defendant's assertion of mistake of facts, since the defendant can sufficiently recognize the facts of indecent act by compulsion (if the contents of the victim's statement were not specific and directly experienced, it includes parts difficult to express, and there is no reason to suspect that the victim's statement was unfairly affected by the victim's father or mother's unfair cancer or distorted influence).

B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is deemed to have repeatedly committed indecent act by force while bringing up the victims of their age after their marriage with the victim’s money, and its nature is poor because the degree of indecent act is not somewhat minor.

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