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(영문) 서울고등법원 (춘천) 2016.04.27 2016노5
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have a sexual intercourse with the victim.

The statement of the victim, the only evidence of this part of the facts charged, is inconsistent with the contradictory and objective circumstances, and is unilaterally reported by the victim's mother-child after about three years from the last damage, and the circumstances are difficult to believe or lack probative value.

B. The Defendant was not at the place of crime due to the mother and relative of the victim during the period of time specified in Articles 1 and 2 of the facts charged.

Even so, the lower court erred by misapprehending the facts charged, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (eight years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by mistake of facts

A. In full view of the following circumstances, the credibility of the victim’s statement made by C, F, and G, which correspond to the facts charged in the instant case, is examined as to the credibility of the victim’s statement, which is the only direct evidence to the effect that the victim was suffering from sexual assault. In full view of the following circumstances, the victim’s statement is deemed to have high credibility.

1) A consistent and oral victim of the statement from the investigative agency to the court of the court below, at least five times, has consistently made a statement on the facts of sexual intercourse with the victim, as indicated in each of the criminal facts in the judgment of the court below, and made a very detailed statement on the circumstances leading to sexual intercourse, the form and manner of the statement, the situation after the appraisal and sexual intercourse.

간음 이전의 추행 순서, 피해자의 성기를 빤 시기 등에 관하여 일부 진술이 엇갈리기는 하지만 범행이 이루어진 때로부터 약 3, 4 년이 지 나서야 최초 수사가 이루어졌고, 이 사건 범행이 2년의...

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