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(영문) 대구고등법원 2013.12.30 2013노365
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit an indecent act against the victim as stated in the facts charged in the instant case. Although the victim’s statement was affected by the victim’s parents, etc., the lower court erred by convicting the Defendant on the sole basis of the victim’s statement. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the following facts are acknowledged according to the evidence duly adopted and examined by the lower court, particularly the victim’s statements at the police station, and the result of verification of two CDs recorded therein, etc.

(1) The Defendant had been living together with the victim’s family members for a reasonable period from the time when the victim got out of the victim’s shesheshe was married with the victim’s outer money.

It was often the case where the defendant was placed from the time when the victim she turns out, when the victim she saws the outer part of the victim and the mother of the victim, or when she takes the house on another day.

Referencely, on September 2012, 2012, the victim expressed first that the Defendant committed an indecent act by force against his father, as stated in the facts charged.

I, who is the mother of the victim, filed a report with the Daegu Women's School Violence Support Center on September 7, 2012, the police investigation on the victim was started and the victim's statement was made on the same day.

B. The following circumstances are acknowledged in full view of the results of examination of the victim by the professor of M University psychology who is a professional examiner at the trial court and the court of a party, participating in the victim's professional examiner as a legal assistant in the court of the original trial.

(1) The injured party shall make twice a statement.

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