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(영문) 서울고등법원 2016.01.08 2015노2809

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to rape, the Defendant did not commit rape by assaulting or threatening the victim N.

2) As to the damage of the body of property, the Defendant’s walked on the top of the line where the victim’s electronic lele is located, and was destroyed differently from the electronic lele, not intentionally destroying the above electronic lelele or the lelebbing.

3) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defence assault, etc.) have not committed any assault or intimidation against the said victim as stated in this part of the facts charged.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the lower court, in full view of the circumstances as indicated in its reasoning, based on the evidence duly admitted and investigated, found credibility in the statement made by the victim N (hereinafter “victim”) that corresponds to this part of the facts charged, can sufficiently recognize the fact that the Defendant committed the instant sexual intercourse by assault and intimidation to the extent that it is impossible or considerably difficult to resist the victim or make it difficult for the victim to resist.

The decision was determined.

In full view of the following facts and circumstances acknowledged by the evidence adopted and examined by the court below and the court below, it can be sufficiently recognized that the defendant committed the crime as stated in this part of the court below's judgment.

This part of the defendant's assertion is without merit.

① The lower court acknowledged the credibility of the statement that the victim was victimized by the same damage as the facts charged, by examining the victim in the court, taking into account his/her attitude, appearance, penology, etc.

A thorough examination of the evidence duly adopted and examined by the court below and the trial court shall also be conducted on this part.