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(영문) 광주고등법원 2020.08.20 2020노186

준강간

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. According to the prosecutor 1) the statement by the victim of mistake of facts, the results of genetic appraisal, etc., the defendant tried to have sexual intercourse with or to have sexual intercourse with the victim in the state of exploitation (principal charges) and could sufficiently be recognized as attempted facts (preliminary charges), but the lower court erred by misapprehending the facts, thereby having determined that all of the charges are not guilty. 2) The lower court’s sentencing of unfair sentencing is too uneasible and unfair.

2. As to the prosecutor's assertion of mistake of facts

A. In light of the following circumstances acknowledged by the evidence adopted by the lower court, the lower court determined that the Defendant was not guilty on the grounds that it is difficult to deem that the Defendant had sexual intercourse or attempted sexual intercourse with the victim, and that both the primary charge of quasi-rape and the attempted quasi-rape, which are the ancillary charge, were not guilty.

(다만, 위 공소사실에 포함된 준강제추행의 점에 대하여 직권으로 유죄로 판단하였다). 1 준강간의 점에 대하여 ① 피해자는 사건 발생 이틀 후인 2019. 10. 28. 경찰에서 조사를 받으면서 피고인의 성기 삽입 여부에 관하여 “피고인의 성기로 제 성기 부분을 3~4번 꾹꾹 눌렀습니다. 정확히 삽입은 하지 않았습니다. 그것은 정확합니다.”라고 명확하게 진술하였고, 이에 따라 경찰도 강제추행사건으로 수사하였다.

In addition, the record on the records of sexual assault victims prepared on the day of the case is stated as "no insertion was made and it was similar to reproductive technology."

The victim reported the damage to the police box outside the telecom, and it is judged that the credibility of the victim's first statement is high.

② However, the victim is a male DNA and the defendant's male DNA, which is detected by the nature, content, etc. of the victim.