(영문) 광주고등법원 2013.06.13 2012노513 | 리걸엔진

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(영문) 광주고등법원 2013.06.13 2012노513

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The request for the attachment order of this case is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") support the credibility of the defendant's assertion that there was no rape of the victim, and that the defendant's statement of the following facts: "I prove that the victim has committed rape with respect to the case on which the defendant filed a complaint. There was no rape. The motive for the complaint was not so desired, but so severe demand."

Therefore, the judgment of the court below which found the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives).

B. At the time of the instant crime, the Defendant was in a state of weak ability to discern things or make decisions with a mental disorder of Grade III.

C. The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly admitted and investigated by the court below on the misunderstanding of facts regarding the part concerning the Defendant case 1: (i) the victim committed indecent act by force on March 2010 by the Defendant on four occasions; (ii) from January 201 to February 2, 201, the victim submitted the complaint to the first police officer on two occasions, and made a clear statement by clearly distinguishing the injury caused by rape from the rape to the court of the court below; and (ii) the victim was sexually ill on the floor after having been raped by the Defendant on February 2, 201, and sounded that the Defendant was living at the house of the Defendant; and (iii) the victim took a house after having heard the victim’s horses, and attempted to commit a fluorous act in Gwangju Northern-gu T after having attempted to commit a fluorous act.

The following is discovered and stated that he/she was treated by care in the Dong-dong Hospital, and Gwangju around February 15, 201.

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