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(영문) 서울고등법원 2017.07.26 2017노134
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the misunderstanding of facts and the violation of the rules of evidence) of the grounds for appeal (the violation of the rules of evidence)

It is difficult to see the defendant, and there was no intention to commit an indecent act or sexual intercourse by recognizing the victim's mental and physical loss or resistanceable condition.

Nevertheless, the judgment of the court below that found the defendant guilty on the grounds of the evidence that seems consistent with the facts charged of this case is erroneous by misapprehending the facts and violating the rules of evidence.

2. Determination

A. The lower court determined that the Defendant committed an indecent act and sexual intercourse as recorded in the facts of the crime in its holding in the lower judgment, based on the following: (a) the Defendant and the victim’s personality and behavior acknowledged by the evidence duly adopted and examined; (b) the victim was sufficiently aware of the volume of drinking alcohol on the day of the instant case and the degree of drinking; and (c) the victim’s appearance and the victim’s appearance and the victim’s sexual intercourse; (d) at least there was no normal dialogue since the Defendant left at a coffee shop; (e) the victim did not talk with the Defendant and the victim; and (e) other circumstances at the time of the instant case and the circumstances before and after the instant case, the Defendant committed an indecent act and sexual intercourse as recorded in the judgment of the lower court; (e) the victim was physically and physically deprived or physically unable to resist; and (e) the Defendant may be sufficiently recognized that there was an intention to commit indecent act

The decision was determined.

B. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court in light of the circumstances revealed by the lower court, the lower court’s aforementioned determination is justifiable. In so doing, the lower court erred by misapprehending the facts alleged by the Defendant and by violating the rules of evidence.

subsection (b) of this section.

1) The situation at the second drinking place on the day of each of the instant crimes, 1. The victim is the victim.

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