beta
(영문) 서울고등법원 2016.07.21 2016노613

강간상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, such as misunderstanding of facts, committed a sexual intercourse on two occasions with the consent of the victim, and committed two times with the victim's head, her head, and faced with the wall several times, etc., killed the victim, rape, and rape, and all the charges of this case were convicted. The judgment of the court below is erroneous in the misapprehension of facts and misapprehension of legal principles.

B. The decision of the court below is unfair because the sentencing of the court below is too inappropriate (the defense counsel's grounds for appeal submitted after the expiration of the period for submission of the appeal shall be determined within the scope of supplement of the grounds for appeal specified in the reasons for appeal, and the defense counsel's assertion that is not entirely stated in the reasons for appeal shall not be judged separately

A. In light of the following circumstances, which are recognized by the lower court’s judgment and the first instance court’s duly adopted and examined evidence as to the assertion of facts, etc., credibility exists in the statement of the victim; the defendant is injured by the victim; the defendant is injured by the victim; rape is committed four times while the victim is detained; and similar rape is sufficiently recognized; the evidence submitted by the defense counsel is difficult to believe, or it does not interfere with the recognition of the above crime, and there is no other evidence to reverse it. Thus, this part of the defendant’s assertion is without merit.

1) The victim made a relatively consistent statement regarding the process, content, and degree of each of the instant crimes from the investigative agency to the trial court. The victim’s statement has a strong description on the victim’s speech and behavior at the time of each of the instant crimes, the response of the victim, and the temporal and circumstantial characteristics, etc., and also is difficult to express if he/she did not directly experience.