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(영문) 대전고등법원 (청주) 2014.08.28 2014노55
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not commit each of the crimes described in Articles 3 and 4 of the instant facts charged against the victim D (hereinafter “instant sexual assault crime”).

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, seven years of information disclosure and notice, seven years of electronic device attachment order) is too unreasonable.

C. The court below erred by misapprehending the legal principles as to the risk of recidivism, which cited a request for an attachment order.

2. Determination:

A. 1) The Defendant also asserted the same purport in the lower court. The lower court also examined the background leading up to the filing of the complaint against the instant sexual assault crime, the details of the victim’s statement, the reason why the victim was unable to suffer damage to the sexual assault crime of this case, and the details of the victim’s statement in accordance with the contents of the victim’s statement, and found the Defendant guilty of all sexual assault crimes of this case on the grounds that the credibility of the victim’s statement is recognized in light of the circumstances as stated in its reasoning. 2) Examining the evidence duly adopted and investigated by the lower court and the first instance court based on the records, the lower court’s aforementioned determination is justifiable, and there is no error of law such as misunderstanding of facts, etc. as alleged in the grounds for appeal.

This part of the grounds for appeal is without merit.

B. The lower court determined on the assertion of unfair sentencing. The crime of intimidation and assault in this case threatenings children with the kitchen knife, which is a dangerous object under the pretext of a decoration, or assaults children under each item. The Defendant, who took verbal abuse and assault against her children and her wife over a long time, is subject to love and care for her families.

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