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(영문) 대구고등법원 2013.12.04 2013노462
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

The judgment of the court below is reversed.

Defendant

A, C, and D are not guilty. Prosecution B's quasi-indecent act is prosecuted.

Reasons

1. Summary of grounds for appeal;

A. The court below found Defendant B guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special indecent act by force) on the grounds that the victim’s statement is insufficient to give credibility of the statement to the extent that there is no reasonable doubt as to the facts charged in this case and that it is difficult to view that the part of the facts charged was sufficiently proven. On the other hand, Defendant B committed an indecent act against the victim and it was sufficiently examined as to the facts charged. However, there was only an indecent act against the victim, and the Defendants did not conspired to commit quasi- indecent act by force against the victim. Nevertheless, the court below found the Defendants guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special indecent act by force). Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) In light of the circumstances of unfair sentencing against the Defendants, the court below erred by misapprehending the facts, and thus, it is too unfair.

B. A prosecutor 1) In full view of the following facts: (a) the victim’s specific testimony at the time of testimony, the victim’s attitude at the time of testimony, and the counseling date of sexual assault counseling centers; and (b) the court below did not recognize the credibility of the victim’s statement; and (c) found the Defendants not guilty on the grounds that there was no proof as to the facts of sexual intercourse by combining the victim as stated in the instant facts charged; and (d) the court below erred by misapprehending the rules of evidence and misapprehending the facts, thereby affecting the conclusion of the judgment.

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