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(영문) 서울고등법원 2021.01.21 2020노1958
강간미수등
Text

The defendant's appeal is dismissed.

Reasons

The defendant, by carrying a knife, did not intimidation the victim D.

There was no intention to threaten the victim D while carrying a knife.

The defendant with mental and physical weakness committed each of the crimes of this case in a state of mental and physical weakness due to the modern illness.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The judgment of misunderstanding the facts and misunderstanding of the legal principles (as to intimidation on special existence), the court below has sufficient credibility to acknowledge this part of the facts charged on the contents of the 112 declaration of the victim D at the time of the instant case and the written statement prepared on the day of the instant case, taking into account the circumstances recognized in the 4 through 5 of the judgment of the court below, and duly adopted and examined by the court below. In particular, there is sufficient credibility to acknowledge this part of the facts charged on the part of the victim's statement at the police station and the written statement prepared on the day of the instant case.

Report, this part of the facts charged is found guilty.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as alleged by the defendant.

Nevertheless, this Court also argues that the Defendant’s assertion of misunderstanding of facts and misunderstanding of legal principles as stated in the grounds of appeal is justifiable.

According to the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the court below acknowledged the following facts and circumstances that the defendant saw the knife of the death of the victim as a knife and threatened the victim with his knife, and that there was an intention to threaten the victim by carrying the knife

This part of the defendant's assertion is without merit.

On December 25, 2019, the victim calls at around 08:37 around 112.

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