logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.05.14 2019노552
강간미수등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine on the grounds that the Defendant was guilty of this part of the facts charged on the basis of the victim’s statement without credibility, etc., on the grounds that the lower court did not err by misapprehending the legal doctrine, or adversely affecting the conclusion of the judgment, even though it did not intend to commit rape with the victim of sexual traffic, who is a female sex trafficking business, operating a sexual traffic

B. The sentence imposed by the lower court (two years of imprisonment, and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The judgment of the court below was conducted as a participatory trial, and after the jury participated in the whole process of fact-finding, the court below convicted the defendant on the charge of rape and attempted rape against the defendant and violation of the Road Traffic Act (driving). The court below accepted the jury's verdict and convicted the defendant of this part of the facts charged.

B. In criminal proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the relevant legal principles related to the judgment of this court, collective opinions presented to the full bench on the recognition of facts by a juror composed of citizens cultivated through strict selection procedures are effective as a recommendation to help a judge of the fact-finding court who has the full power over the preparation of evidence and fact-finding under the principle of substantial direct deliberation and court-oriented trials. If a jury participated in the whole process of fact-finding, such as examination of witness, and the verdict of innocence issued by unanimous opinion as to the preparation of evidence and fact-finding, such as the credibility of the witness's statement, are adopted in accordance with the jury's conviction, then evidence preparation and fact-finding conducted through such procedures are prepared and fact-finding.

arrow