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(영문) 서울고등법원 (춘천) 2018.04.24 2017노156 (1)

강간치상

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the Defendant, and regarding the part of the case of the attachment order, the lower court did not have any interest in appeal regarding the part of the case of the attachment order, since only the Defendant appealed.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., this part is excluded from the scope of the adjudication of this Court.

2. Summary of reasons for appeal;

A. The Defendant had no raped the victim.

2) Even if the Defendant had raped the victim, the victim suffered from stress disorder due to such rape.

shall not be deemed to exist.

B. The punishment of the lower court (one hundred years of imprisonment) is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. 1) The lower court’s determination is consistent with the following facts and circumstances that can be recognized by the evidence adopted by the court below: ① the victim has consistently made a statement from the investigative agency to the court below’s court; ② the victim has made a very detailed and detailed statement as to the situation before and after the instant crime; ② the Defendant’s horse and behavior at the time; the Defendant’s emotional and response to the instant crime; and the reason why the victim could not be informed of the injury; and ③ the witness H, I, J, and K also contain a number of contents that are difficult to express without direct experience or unknown; ③ the witness of the first instance court, I, J, and K also made a common statement to the effect that only the Defendant was fit for a separate statement or that there was only the victim, thereby supporting the victim’s statement; ④ The Defendant led to the first instance investigation agency to the entire crime, and led to the confession of the entire crime.