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(영문) 서울고등법원 2012.11.23 2012노2672

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts did not rape the victim on April 16, 2012, and there was no attempt to rape the victim on May 1, 2012, and there was no fact that the Defendant intentionally inflicted an injury on the victim.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, forty hours of imprisonment, order to complete a sexual assault treatment program, and order to disclose or notify a sexual assault treatment program) is unreasonable.

2. Determination

A. The lower court determined that the credibility of the victim’s statement was recognized in light of the following circumstances: (a) the victim stated consistently and specifically at the time when the victim or the victim was unable to experience directly; (b) the method of the crime; (c) the psychological condition; and (d) the circumstances after the crime were committed; and (c) the victim did not appear to have shown false statements with the intent to receive agreement; and (d) the victim’s statement that is reliable; (c) the content of text messages sent and sent after the special rape on April 16, 2012; (d) F’s “the Defendant was sealed with the victim toward the wall; and (e) the victim was asked for 112 reporting; and (e) the victim was found guilty of having been raped by the victim’s statement by taking into account the victim’s body and form, etc., as seen above, the victim’s testimony and the evidence duly admitted by the lower court.