(영문) 부산고등법원 2014.01.15 2013노470 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2014.01.15 2013노470

강간상해등

Text

The judgment of the court below is reversed.

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

The defendant shall be treated with sexual assault for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim stated at an investigative agency that he was about to rape himself, and that the defendant tried to be out of the victim's will, and that the defendant was a typical form of rape's intent to commit rape, the court below erred by misunderstanding of facts or misunderstanding of legal principles that recognized only the intent of indecent act by force, and found the defendant guilty of injury resulting from rape and found the defendant not guilty of injury due to rape in the reason. 2) In the process of fighting with the victim with the victim, the court below found the defendant guilty of the injury by force, and found the defendant guilty of the injury by force on the part of the victim in the process of the defendant's body, and found the victim's injury to the victim and the victim's injury as an agreed issue at the sick room where the victim was hospitalized. Despite the fact that the defendant did not force or threaten the victim, all of the charges of this case are guilty.

B. The lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below on the prosecutor’s assertion is difficult to readily conclude that the Defendant was raped at a toilet at the time when the instant crime was committed, and F was committed in a toilet at any time and at a place that does not fall short of the toilet. Even according to the victim’s statement, there is no other circumstance to conceal the victim’s rape, except for the victim’s chest or boom, and the statement in the report prepared by the police officer dispatched upon the victim’s report. In light of the above, it is not recognized that the Defendant did not have any intent to rape the victim beyond the victim’s criminal intent of indecent act by compulsion, and that the Defendant was guilty of injury by indecent act by compulsion.

유사 판례

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