(영문) 광주고등법원 2021.01.14 2020노176 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2021.01.14 2020노176

강간등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim’s statement that corresponds to the facts charged regarding the charge of false or similar rape is acknowledged credibility by taking account of the relationship between the Defendant and the victim, etc., and the evidence submitted by the prosecutor, such as the victim’s statement, can be fully admitted to the charge of rape and similar rape.

Nevertheless, the lower court erred by misapprehending the facts and acquitted all of the facts charged.

B. The sentencing of the lower court’s improper sentencing is too unfortunate and unreasonable.

2. Determination

A. 1) As stated in paragraph 1 of the judgment of the court below, the summary of the No. 1 of the No. 1 of the No. 201 of the No. 201 of the judgment of the court below is as follows: (a) the defendant, as stated in paragraph 1 of the judgment of the court below, was sent to the F apartment K, which is a defendant's residence, by boarding the damaged person on the vehicle; (b) entered the victim who was inside the damaged area, and entered the damaged area, with the victim inside the damaged area, and entered the victim inside the damaged area; and (c) although the victim had sexual intercourse with the victim, the victim was "I do not want to do so"; (d) the victim's refusal was called "I do not want to do so"; and (e) the victim's clothes of plastic material was brud with the face of the victim

The victim, who frightened off of clothes, she shall be off of her upper and lower knick, and the victim shall be off of his clothes, and the victim shall be off of her inner clothes, and the victim shall be off of her inner clothes, and the victim, who continues to be fright off of her inner clothes, shall be " off of her inner clothes," and the victim shall be "n't open to her inner clothes," and "bruh," "the victim shall be frighten," and the victim's kn't son, "the above kn't and Ra," shall be called "the victim shall be frighten," and "the kn't son and Ra," shall be inserted into the part of the victim's sexual organ.

유사 판례

-서울중앙지방법원 2014.08.22 2014고합750

-대구지방법원 서부지원 2019.06.13 2019고합81

-서울중앙지방법원 2018.06.04 2017고합1202

-인천지방법원 2019.10.11 2019고합558

-인천지방법원 2018.02.09 2017고합787