아동ㆍ청소년의성보호에관한법률위반(강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Although the Defendant alleged a misunderstanding of facts under an agreement with the victim, the lower court determined that the Defendant had sexual intercourse after suppressing the victim’s resistance.
Therefore, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence on the assertion of unfair sentencing (two years of imprisonment and six months of less than two years and six months) is too unreasonable.
2. Determination
A. (1) The summary of the facts charged is as follows: (a) the Defendant, at around 01:00 on August 28, 2014, placed the victim C (in women, 15 years old) on the floor of the Defendant’s office at the small room, and left off the victim’s clothes in full.
피고인은 피해자가 울면서 “하지 말라.”라고 말하였는데도, “조용히 해라. 씨발, 짱난다.”라고 욕설을 하면서 피해자의 배 위로 올라가 피해자의 양팔을 잡아 눌러 피해자의 반항을 억압한 후 피해자를 간음하였다.
B) On August 28, 2014, at around 11:00, the Defendant forced the victim to take the victim’s grandchildren in the above place and forced the victim to take face-to-face and forced the victim’s grandchildren, and forced the victim’s body to suppress the victim’s resistance, and sexual intercourse with the victim. (2) The lower court determined that the Defendant could fully recognize the fact of rape as stated in the facts charged, comprehensively taking account of the following circumstances acknowledged by the evidence adopted and investigated by the lower court.
【The circumstances acknowledged by the court of original instance】 The victim, from the investigative agency to the court of original trial, specifically stated the situation, circumstance, date, time, place, method of crime, etc. at the time of the instant crime, and there is no circumstance to suspect the credibility thereof.
F and G have been talked that “the Defendant was raped” from the victim after the instant crime was committed, and that there was a talk to the effect that “the Defendant was raped.”