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(영문) 서울고등법원 2021.03.23 2020노1768
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) are not aware of the fact (in relation to an indecent act by special force) that the Defendant committed an indecent act by force against the victim jointly with D on the date and time stated in this part of the facts charged.

The statements made by the victim B are inconsistent, and considering the time of crime, location restrictions, etc., the contents of the statements are against the rule of experience and common sense, and there are doubtful circumstances about the details of the reports.

The statements of witnesses F and C, consistent with the above statements, are not consistent and are different from facts, and in particular C recognized that the previous statements are false and reversed by itself.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) The oral statement of the lower court by D and I, which seems to correspond to the Defendant’s defense as to the mistake of fact (with respect to the non-existence of fact) by the Defendant, is not reliable.

At the time of October 11, 2017, it is difficult to expect B to perform an act of breaking the defendant's defense against the defendant, and there is a doubtful circumstance in the process of the defendant's complaint.

Therefore, the judgment of the court below which acquitted the defendant on the fact that the defendant's complaint can be sufficiently recognized as false is erroneous.

B) The lower court’s unreasonable and unfair exemption from an order of disclosure notification is too uneasy and unfair.

In addition, it is improper to exempt the defendant from the disclosure and notification order of personal information despite the risk of recidivism.

2) It is unreasonable to dismiss the Defendant’s request for attachment order even if the Defendant’s request for attachment order is likely to repeat a crime.

2. Determination on the part of the case of the defendant

A. The judgment of the court below on the Defendant’s assertion of mistake of facts (the charge of an indecent act by special force) 1) The Defendant also asserted similar to this.

For this reason,

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