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(영문) 광주고등법원 (제주) 2016.04.27 2015노119

강간치상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to rape, and the injury inflicted on the victim is not caused by the Defendant’s act.

B. The sentence of the lower court’s unfair sentencing (a five years of imprisonment, and an order to complete a sexual assault treatment program for 80 hours) is too unreasonable.

2. The lower court found the Defendant guilty on the charges of injury resulting from rape by recognizing the credibility of the statement made to an investigative agency rather than the victim’s legal statement.

According to the evidence duly adopted and examined by the court below and the court below, whether the defendant's defendant's "I am not flicker and flicker" is the same as the victim.

“The fact that the Defendant made the statement, etc., and recognized that the Defendant exceeded the victim’s panty and panty, and the victim was entitled to have made a somewhat favorable statement to the Defendant in the court of original trial after the Defendant made the first statement at an investigative agency, so there is doubt as to whether the Defendant was intending to rape the victim, such as the judgment of the court below.

In light of the following circumstances admitted by the evidence, it is difficult to find the Defendant guilty of the charge that the Defendant had intentionally committed rape, such as the judgment of the court below, and that the victimized person suffered bodily injury in the process, and there is no evidence to find otherwise that the Defendant committed the crime of bodily injury resulting from rape.

Therefore, the defendant's assertion of mistake is justified.

(1) A victim was found to have exceeded, and tried to rape, the defendant on the ground of lying him/her in an investigative agency.

However, the court of the court below stated that the defendant did not go off his body and did not go up or did not go up to the body of his body.

The contents of statements were significantly changed.

A statement in an investigative agency which is not a statement in the court is added.