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(영문) 서울고등법원 2021.01.12 2020노1309

준강간

Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. In light of the reflective circumstances, the victim’s statement that corresponds to the facts charged in the instant case is difficult to believe, and the victim was in a state of loss of mind and body or impossibility of resistance.

the Defendant had the intent to commit the quasi-rape

In light of the fact that it is difficult to view the facts charged in this case, the lower court erred by misapprehending the facts and legal doctrine.

(b)the sentence of the lower court (two years and six months, etc.), including an employment restriction order, is too unreasonable;

Judgment

A. The lower court convicted the Defendant of the instant facts charged, based on various circumstances, including “determination on the Defendant’s assertion based on the grounds of appeal” in determining the misunderstanding of facts and misapprehension of the legal doctrine.

In light of the circumstances acknowledged by the evidence duly adopted and investigated in the original judgment and the party, the judgment of the original court is just, and this part of the defendant's assertion is without merit.

The judgment of the court of original judgment is supplemented or emphasized as follows:

1) The victim made a statement to the effect that “the victim was aware of the victim’s statement” in the investigative agency and the court below stated to the effect that “the victim was aware of the crime of this case against his will,” with the victim’s “not memory from the time of singing, except for certain pages of the crime of this case.”

There is no circumstance to reject the credibility of the victim's statement.

In addition, in light of the circumstances at the time, including D’s statements seen later, it can be trusted.

B) ① consistently with the victim’s statement concerning the circumstances before and after the instant crime, and ② the victim “the Defendant or did not wish to commit so.”

The trial records, including the statement ", made a statement to the defendant 72 contents favorable to the defendant, and 3. A report to the investigation agency after the victim resisted the crime of this case, such as the defendant's resistance against the crime of this case, and reporting damage to the investigation agency.