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(영문) 서울고등법원 2019.11.26 2019노933
준유사강간치상등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The content of the diagnosis that the lower court deemed as the basis for recognition of guilt differs from the doctor’s opinion in charge, and the victim cannot be deemed to have suffered injury as stated in the facts charged solely on the basis of the subjective perception of the victim’s statement.

The Defendant, in a situation where he was unable to memory the situation at the time of the instant case, was aware of the intention of having presented a medical certificate, etc. by an investigator to commit a crime. However, the Defendant’s confession of the Defendant cannot be the basis for recognizing the facts charged, by discovering the situation after the prosecution.

There is no objective evidence to acknowledge the defendant's crime.

Nevertheless, the judgment of the court below which found the defendant guilty of causing quasi-Rape is erroneous in misconception of facts.

B. In full view of the fact that the victim of misunderstanding of facts (not guilty) stated that the victim of misunderstanding of facts (not guilty part) clearly memorys that he was in one’s own wall, the defendant used the victim’s wallets between the victim who lost his mind, and the defendant seems to have a considerable interest in the rehabilitation, etc., the defendant may be deemed to have stolen the victim’s cash and the restoration to one’s seat. Nevertheless, the judgment of the court below which acquitted the Defendant of the charge of larceny is erroneous in the misapprehension of facts. (2) The judgment of the court below which acquitted the Defendant of the charges of larceny is erroneous in the misapprehension of facts. (3) The sentence

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court may, in full view of the circumstances acknowledged by the evidence adopted and examined, recognize the fact that the Defendant exceeded the clothes of the victim who lost his mind by drinking alcohol and inserting his fingers into the negative part of the victim, thereby resulting in the victim’s voice and room room.

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