(영문) 대구고등법원 2016.02.04 2015노523 | 리걸엔진

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(영문) 대구고등법원 2016.02.04 2015노523

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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1. The part concerning the crime Nos. 2 and 3 of the judgment of the court below shall be reversed.

2. The crimes of Articles 2 and 3 as stated in the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was not guilty of committing an indecent act against or rapeing the victim C.

However, the court below found the victim C guilty of indecent act, rape, or forced indecent act by force on the sole basis of the statements made by the victim and N without credibility. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2) Each punishment sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

B. Each sentence imposed by the prosecutor by the court below on the defendant is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted as the grounds for appeal on this part, and the lower court, under its title “determination of the Defendant and the defense counsel’s assertion” on this issue, has credibility in the statement on the victim C’s damage facts by clearly explaining the circumstances as stated in its reasoning.

In light of the fact that the victim C was guilty of forced indecent conduct, rape, and forced indecent conduct against the victim C.

In full view of the circumstances cited by the lower court as the grounds for its determination and the victim C’s statement and its attitude in the trial court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts as alleged by the Defendant.

Therefore, the defendant's argument on this part cannot be accepted.

B. As to the argument that the sentencing of the Defendant and the Prosecutor was unfair, the Defendant forced the victim who was under the age of 14 and was under the age of 14 as the wife, and committed indecent act and rape against the first crime (indecent act, rape, or forced indecent act against the victim C) as indicated in the judgment of the court below.

As a result, the victims suffered a considerable mental impulse and suffering, and the victims seems to have a very negative impact on their growth as a sound social person in the future.

However, the defendant does not seek a letter from the victim.

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