(영문) 서울고등법원 2018.07.26 2018노1171 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.07.26 2018노1171

강간미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The lower court found the Defendant guilty of this part of the facts charged on the grounds of the victim’s statement without credibility, etc., on the following grounds: (a) the Defendant attempted to commit rape under an agreement with the victim and did not have any fact about attempted rape; and (b) the lower court erred by misapprehending the legal doctrine, misunderstanding of facts, and misunderstanding of the legal doctrine.

2) As to defamation, the Defendant was asked of whether he had sexual intercourse with the victim by G, who is his father or descendant, and only confirmed that he had sexual intercourse with the victim, and did not have any intent to impair the victim’s reputation, the lower court convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) Determination on the assertion of misunderstanding of facts, etc. 1) The Defendant asserted that he attempted rape is identical to the assertion of misunderstanding of the above facts, etc., and the lower court rejected the said assertion by providing a detailed statement on the determination.

In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified, and this part of the defendant's assertion is without merit.

2) The criminal intent in the crime of defamation under Article 307(2) of the Criminal Act refers to recognizing that the facts alleged are false, i.e., the constituent fact, and that such facts may undermine the people’s social assessment (see, e.g., Supreme Court Decision 91Do156, Mar. 27, 191). In light of the aforementioned legal principles and the evidence duly admitted and examined by the court below, the following circumstances recognized by the court below, etc., the defendant may sufficiently recognize the fact that the defendant has intentionally damaged the victim’s reputation by pointing out false facts as stated in the judgment of the court below with the intent to defame, and thus, this part of the defendant’s

참조조문

-형법 제307조 제2항

참조판례

-대법원 1991. 3. 27. 선고 91도156 판결

유사 판례

-서울고등법원 2018.10.18 2018노1413

-서울고등법원 2017.06.15 2017노283

-대구고등법원 2017.10.16 2017노332

-부산고등법원 2018.01.24 2017노643

-광주지방법원 2018.12.19 2018노2855