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(영문) 서울고등법원 2014.06.20 2014노836
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

The defendant shall be an applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) mistake of facts (the charge of rape against the victim E in the judgment of conviction) and the Defendant did not rape the victim E. 2) The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (the fact of rape by blood relatives with the victim J who is not guilty part of the judgment of the court below) The judgment of the court below which acquitted the defendant of this part despite the specific and reliable statement made by the investigation agency of the defendant's private village J, who is the victim of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives with relatives), is erroneous in misunderstanding of facts. 2) The sentence of the court below against

3. The lower court rejected the request for attachment order on the ground that only recognized the crime of rape against the victim E, and judged not guilty of rape against the victim J, and dismissed the Defendant’s request for attachment order on the ground that the Defendant cannot be deemed to have committed two or more sexual crimes.

However, in accordance with evidence, the judgment of the court below that dismissed the request for attachment order, since it is recognized that the defendant committed two or more sexual crimes and the risk of recidivism exists.

2. Determination on the defendant's case

A. 1) As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal, and the lower court, in the part of “determination on the Defendant and the defense counsel’s assertion”, based on the evidence duly admitted and investigated by the lower court, as follows: ① Victim E (hereinafter referred to as “victim

The statements of "victims" in this paragraph are consistent with all the methods of crime, etc., and contain specific contents that can not be known without actual experience, and the credibility of such statements is recognized, and ② the statements of D are also made by the victim.

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