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(영문) 서울고등법원 2016.04.19 2015노3469
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) asserted that the Defendant committed an indecent act against the victim, but did not rape; and (b) the indecent act against the victim is three times or four times or more; and (c) the victim is not memory.

When the police statements were made by the victim, the first and the second of the indecent act, the third and the fourth of the rape.

However, in the court of the court below, the statement was reversed in the order of rape - rape - rape - on the ground that the court of the court below made three times in total, but was raped on the new wall of the Tuesday, that the demand was made by indecent act, and that it was raped on the Tuesday, and that the statement was changed several times about whether the day of demand was indecent act or rape.

In addition, even though the first day of the storage of the photograph before the defendant's house on June 27, 2015, the court below made an objective statement inconsistent with the objective fact that the first day of the publication at the defendant's house on June 29, 2015.

As such, the victim's statement is not reliable.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

The punishment sentenced by the court below to the defendant (five years of imprisonment) is too unreasonable.

It is improper that the court below ordering the defendant to attach an electronic tracking device (10 years).

Judgment

In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court on the part of the Defendant’s case, i.e., the victim first 29th day of June in the police.

Then, on June 29, the statement was made to the effect that the first time was sexual assault (which means 62 to 66 pages of evidence records) at the Defendant’s home at first 30,000, and was sexual assault (which means 66 pages of evidence records) at least four times, and the victim stated to the effect that it was inserted four times (which means 66 pages of evidence records).

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