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(영문) 서울고등법원 2015.12.17 2015노2652
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)등
Text

The appeal by the defendant and the appeal by the prosecutor against the defendant and the person to whom the attachment order is requested shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (In fact-finding assertion) did not have committed any indecent act against the victims, and even though the professional examiner S expressed his opinion that it is difficult to eliminate the possibility of the victims' memory being injected from outside, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the Defendant committed each of the crimes of this case on the basis of the statements of the victim F and Egypt, etc. of the victims without credibility, which affected the conclusion of the judgment. In addition, the court below erred by misapprehending the fact that the Defendant committed each of the crimes of this case on the basis of the statements of the victim F and Egypt, etc. of the victims, and there was a symptoms of stress disorder after the lapse of several years from the date and time stated in the facts charged of this case, and it cannot be concluded that the cause of the symptoms of this case was caused by the Defendant’s act, such as the occurrence of serious depression after the divorce, and the mother who lives with force.

B. In full view of the statements of the victim D’s counseling records, the victim’s mother, the victim F and the victim AA, etc. who were male-gu of the victim D around March 2007, the prosecutor 1 found that the defendant committed an indecent act by force against the victim D even around March 2007, and that the defendant suffered injury, such as post-depth stress disorder, etc. on the part of the facts charged, although the court below found the defendant not guilty of this part of the facts charged, it was erroneous in the misapprehension of the facts and affecting the conclusion of the judgment. 2) The decision of the court below which found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment.

3. It is reasonable that the person against whom the request to attach an attachment order was made, for whom the request was made, has committed a sex crime again in the future.

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