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(영문) 서울고등법원 2015.05.15 2015노217

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles1) The Defendant committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion by force) with a view to entering a multi-household house in which the victim E resides. However, there is no fact that the said victim was her chest by inserting his/her hand in his/her clothes. 2) The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (influence by rape, etc.) and prevents the Defendant from having his/her chest left with his/her chest.

However, it is not possible to inflict an injury on the victim in light of the victim's face and appearance after going on the part of the victim.

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

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles on the assertion of mistake of facts

On the other hand, the victim G's statement is consistent from the investigation process to the trial court, and the attitude, form and contents of the statement in the trial court.