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(영문) 서울고등법원 2014.12.23 2014노1589
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The seized pent-type Kameras (No. 1).

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") asserted the misunderstanding of facts or misapprehension of legal principles and met the body of the victim as stated in the crime Nos. 1 through 3 as indicated in the judgment below, and together with the victim, had sexual intercourse with the victim. However, all of them were made under the agreement with the victim, and as to the crime No. 5 of the judgment below, there was a video showing the sexual intercourse with the victim, but they did not threaten the victim at that time.

Nevertheless, the lower court found the Defendant guilty on the sole basis of the victim’s statement without credibility, thereby misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (seven years of imprisonment) on the ground of unfair sentencing is excessively unreasonable.

2. Determination

A. 1) Determination of mistake of facts or misapprehension of legal principles in the judgment of the court below also asserted to the same effect as the grounds for appeal in this part, and the court below, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, determined that the victim’s statement, which corresponds to the defendant’s crime Nos. 1 through 3 of the facts charged in the judgment of the court below, was sufficient to acknowledge credibility and found guilty of all the facts charged in the case. ① The victim consistently from the investigative agency to the court of the court of the court below on July 9, 2013, as stated in paragraph (1) of the facts charged in the judgment of the court below, was forced to force the victim’s body as stated in paragraph (1) of the facts charged in the judgment of the court below, and opened the victim (the record No. 49, May 5, 17, 81 of the investigation records, and the record No. 2 of the court below on August 3, 2013.

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