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(영문) 광주고등법원(제주) 2020.11.11 2020노59

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the petition of appeal of misunderstanding of facts and misunderstanding of legal principles, each of the written statements against the victim prepared by the victim, the police, and the victim prepared by the prosecutor may be admissible pursuant to Article 314 of the Criminal Procedure Act, and the judgment of the court below which acquitted the defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and rape by denying admissibility of evidence, is erroneous in the misunderstanding of facts and misunderstanding of legal principles. However, as long as the defendant consented to each of the above evidence and the admissibility of evidence is granted by this court,

In light of the credibility of the statement of the victim, although the court below found the defendant guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and rape among the facts charged in this case, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Recognizing the conviction of the violation of the Immigration Control Act on the grounds that the sentence imposed by the lower court (eight months of imprisonment and two years of suspension of execution) is too uneasible and unfair.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) The summary of this part of the facts charged is that the Defendant is the residence of the second floor (the second floor, the living room 1, and the second floor) of the building located in Seopopopo City B.

A) A person leased and live in another Chinese person. The Defendant is the husband and wife of the People’s Republic of China’s Republic of China (hereinafter referred to as “China husband and wife”). Around December 16, 2019, the Defendant is the husband and wife of the People’s Republic of China.

A) To sublet one room to the People's Republic of China on December 18, 2019, the Victim C (one room is subleted to the 44 years of age) of the People's Republic of China's Republic of China's nationality, and he/she lives in the ward, while living in the ward. As he/she came to have a sense of hosity with the victims, he/she is sexual intercourse around December 20, 2019 and around December 21, 2019.