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(영문) 대구고등법원 2019.10.30 2019노384
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a sex relationship under an agreement with the victim, and there is no fact that he detained or raped the victim as stated in the facts charged of this case.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

C. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court, based on the circumstances indicated in its reasoning, determined that the victim’s statement on the facts charged of this case was reliable, and that according to the victim’s statement, etc., the Defendant could be admitted that he detained the victim and raped, as

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts as alleged by the defendant.

[1] The Defendant asserts to the effect that it is difficult to believe the victim’s statement that the Defendant was detained and raped by the Defendant in light of the fact that the Defendant did not immediately leave the instant her sexual intercourse with the Defendant for about four hours. The victim, after being detained and raped by the Defendant at the investigative agency or the court of original instance, made it difficult for the Defendant to have a reasonable fear and fear of fear by the victim due to assault and intimidation during the process of committing the instant confinement and rape (Evidence 12 pages, trial records, 74-76, 81, 86-7 pages, and 86-7 of the evidence record).

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