logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.03 2019노165
강간치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g. imprisonment) by the lower court (e. imprisonment with prison labor) is too unreasonable.

In the statement of grounds of appeal, the Defendant and his defense counsel asserted that the crime of bodily injury caused by rape and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amerasation and photographing) were erroneous or misunderstanding of legal principles. However, during the first trial of the court of first instance, the Defendant and his defense counsel explicitly withdrawn this from the date of the trial of the

2. Determination

A. Prior to rendering a judgment on the assertion of unfair sentencing, the Defendant asserted only unfair sentencing as the grounds for appeal, and the Defendant asserted to the effect that “Although the Defendant collected the liquid liquid melting ethyl 1, a water surface leading agent, and allowed the victim F to do so, it does not constitute a fact that ethyl 2 was recorded in the altered water.” As such, the Defendant asserted to the effect that “The Defendant did not have any fact that ethyl 2 was recorded in the altered water.”

In full view of the facts and circumstances stated in the judgment below, the Defendant asserted as above, and the court below determined that the Defendant could sufficiently recognize that the Defendant was unable to act as free will by mixing the altered matter with the victim F, and that the Defendant was unable to act as free will.

In light of the facts and circumstances cited by the lower court, the lower court’s aforementioned determination is justifiable, in addition to the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

Therefore, the defendant's above assertion cannot be accepted.

① On May 24, 2018, the Defendant, after committing the crime, such as rape or injury resulting from rape with the victim F, committed to I (here, pseudonym) a nursing assistant who had died before and after the towing on May 24, 2018, and hereethyl he/she pretended as if he/she was another person.

arrow