logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2016.05.25 2016노11
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, as stated in the judgment of the court below, did not commit any quasi-Rape with the victim F as stated in paragraph 2 of the criminal facts in the judgment below, and in the case of paragraph 3 of the criminal facts in the judgment of the court below, even though he had sexual intercourse under the agreement with the victim E, the judgment of the court below which found the Defendant guilty of this part of the facts charged, is erroneous

2) The sentence sentenced by the lower court to the Defendant (4 years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of misunderstanding of the facts, the lower court’s finding of this part of the facts and determination is justifiable, on the grounds that the lower court fully recognized similar rape with the Defendant’s victim F and rape with the victim E, and that the lower court’s finding of this part of the facts and determination are justifiable.

Therefore, the defendant's assertion of facts is without merit.

1) The victims’ credibility of the victims’ statements consistently stated in the police investigation and the court of original instance the circumstances leading up to the occurrence of damage, the statements made by the Defendant to the victims and the victims at the time of the crime, the statements made by the victims and the victims, and the specific contents that cannot be seen as the statements made by those who did not actually experience in the victim’s perception and response at the time of the crime, and the situation before and after the crime. The above statements are consistent with each of the criminal facts as stated in the judgment. The contents of the statements do not conflict with the situation before and after the case, or any other objective evidence, and there is no obvious reason or motive for the victims

Therefore, the victims' statements are highly reliable.

(ii)..

arrow