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(영문) 부산고등법원 (창원) 2015.01.14 2014노338
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is guilty of facts as stated in the judgment of the court below.

No. 1-B of the decision of the court below is the date, time, place, the victim did not have sexual intercourse, and the victim did not have sexual intercourse.

There is no fact that the defendant committed the crime as stated in the judgment of the court below, and in the case of paragraph (2) of the judgment of the court below, even though the defendant did not have sexual intercourse by force since he had sexual intercourse with the victim, the court below convicted the victim of all the charges of this case. The judgment of the court below

B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) In the lower court’s argument of mistake of facts or misapprehension of legal principles, the Defendant argued the same purport as the grounds for appeal in this part. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court under the title “determination on the Defendant’s and defense counsel’s assertion”, determined that the Defendant had sexual intercourse by force as stated in the first-A(a) of the lower judgment, and committed an indecent act by force as stated in the first-B(b) of the lower judgment, and that the Defendant had sexual intercourse with the victim by force as stated in paragraph 2(2) of the lower judgment, and found the Defendant guilty of the above facts charged against the Defendant. 2) If it is determined by the precedents, rules of evidence, and evidence on the criteria for determining the credibility of the statement by the person claiming sexual assault victims, the lower court’s determination

Therefore, we cannot accept this part of the defendant's assertion.

As to the crime under paragraph (2) of the judgment of the court below, the defendant asserts that the defect of sexual intercourse first from the victim was contacted and that he was sexual intercourse under the agreement by the victim's house.

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