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(영문) 광주고등법원 2021.01.28 2020노348

강간미수등

Text

Defendant

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

Reasons

Summary of Reasons for appeal

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not commit any attempted rape as stated in the lower judgment, as in the facts constituting an offense in the lower judgment.

Nevertheless, the judgment of the court below which found the defendant guilty on the sole basis of the victim's statement without credibility is erroneous in the misapprehension of facts and legal principles.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) It is unreasonable for the lower court to dismiss the request for an attachment order of an electronic device even though the Defendant’s improper dismissal of the request for an attachment order is highly likely to repeat a sexual

2. As to the Defendant’s assertion of mistake and misapprehension of legal principles

A. The judgment of the court below also asserted to the same effect as the grounds for appeal, and in light of the following facts and circumstances acknowledged by the evidence adopted by the court below, the court below held that the defendant could have acknowledged the fact that he attempted to rape as stated in the facts charged in the judgment below.

Based on the judgment of the court, the defendant's above assertion was rejected and the facts charged in this case were convicted.

(1) The injured party shall generally and consistently make a statement from an investigative agency to the court below on the grounds that the injured party has entered the family of the accused, the situation in which the accused attempted to rape the injured party, the type and conduct of the accused's exercise of authority to rape the injured party, response thereto by the injured party, the circumstances surrounding the crime of rape, etc., in lieu of other evidence, such as the details of the reporter's statement hearing, the details of the police box on the day of the case, the contents of the police box on the day of the case, and the images of pictures taken the scene of the case, etc.

② Under the circumstances that the victim did not do so while in excess of the victim and did not ask the victim’s clothes with soil or grass, or Defendant in his/her bar and clothes.