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(영문) 서울고등법원 (춘천) 2016.04.27 2015노225

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The acts of paragraphs 2-A and 2-B of the judgment on the crime of special intimidation are merely the same time, place, and the same crime. 2) There was no sexual intercourse with the victim N at the time, place, and the place of the crime of coercion and attempted rape as stated in subparagraph 3-B of the judgment on the crime of coercion and attempted rape, and there was no assault and intimidation to the extent that the crime of rape was established, as the remaining sexual relationship was committed under an agreement with the victim.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal by mistake of facts and misapprehension of legal principles

A. The Defendant asserted that the act of paragraphs 2-a and 2-b of Article 2-2 of the Criminal Act was the same crime, and the victim J and K also stated to the same effect in the court of original instance.

However, according to the evidence duly adopted and examined in the court below and the trial of the party, the above victims made a separate statement about each crime at the investigative agency, the statement is specific and consistent, as well as the statement of the above victims about the crime as stated in subparagraph 2-B of the judgment, and the above victims' statement is consistent with the above victims' statement as to the crime as stated in subparagraph 2-B of the judgment, and it is recognized that the above victims' statement is hard to believe as it is, after the contact with the defendant, such as the reversal of the statement that the defendant wnd away from the No. 31, the

Therefore, we cannot accept this part of the defendant's assertion that each of the above acts is the same crime.

B. Determination on the part concerning rape and attempted rape 1) The victim N's statement is deemed to be reliable in light of the following circumstances acknowledged by the lower court and the lower court's duly admitted the credibility of the victim N's statement and the evidence investigated:

(1) The victim N shall be specifically and consistently constituted by investigative agencies to the present court.