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(영문) 부산고등법원 2015.04.02 2014노859
강간미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles did not have attempted rape against the victim I or committed indecent acts by compulsion, and the victim made a false accusation against the victim. Nevertheless, the lower court found the Defendant guilty of all the charges of rape, attempted rape, indecent act by compulsion, and free accusation on the grounds of the victim I’s statement suspected of credibility, etc. In so doing, the lower court erred by misapprehending the rules of evidence or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (two years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the Defendant argued to the effect that this part of the charges in this case were alleged in the grounds of appeal. The lower court affirmed and investigates the Defendant’s mother of the victim, who was the victim, and the victim, who was requested to contact with the victim after the victim’s escape from the Defendant’s house to the attempted rape and the crime of indecent act by compulsion, as a witness, and subsequently rejected the Defendant’s assertion by comprehensively taking account of the evidence such as on-site inspection of the crime scene and surrounding circumstances and CCTV images. In other words, the lower court’s rejection of the Defendant’s assertion by taking account of the victim’s specific and consistent statement at investigation agencies and courts, the victim’s course of escape from the scene of the case, the victim’s statement and closed-circuit television (CCTV), the relationship between the Defendant, the victim, and H (the father of the victim).

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