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(영문) 부산고등법원 2015.04.09 2014노811
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts as indicated in the facts charged, Defendant 1: (a) humping the victim F; (b) humping the two arms of the victim by hand; (c) humping the victim’s two arms; (d) humping the victim’s two arms; and (e) humping the victim’s two arms; and (e) humping the victim’s two arms into the entrance; and (e) humping the victim’s two arms; and (d) humping the victim’s two arms into the entrance; and (e) humping the victim by force the victim. Nevertheless, the lower court convicted the Defendant of the instant facts charged on the basis of the victim’s statement, etc. without credibility. In so doing, the lower court erred by misapprehending the facts.

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

2. Determination

A. 1) The judgment of the court below on the Defendant’s assertion of mistake of facts was argued in the court below to the same effect as the Defendant alleged in the grounds for appeal while denying the facts charged in this case. The court below rejected the Defendant’s assertion by taking account of the evidence, such as the result of each statement analysis conducted by the Defendant and the victim as the victim, and the result of a false statement detection test conducted by the Defendant and the victim as a witness. In other words, the Defendant’s assertion was rejected by taking account of the following: (i) the fact that the Defendant made the victim as the Defendant’s defense as the Defendant’s defense counsel is not sufficient to explain the motive to make a false statement in the investigation agency at the risk of the victim’s risk of being faced with sensitiveness, and (ii) G, the victim’s mother, stated in the investigation agency and the court below that “the victim was removed from and made a good quality at any time after the occurrence of this case,” and that such detailed statement was also made.

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