logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2017.06.21 2017노21
유사강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) On February 2, 2016, the first indecent act by force, the Defendant did not intentionally commit an indecent act against the victim even though the Defendant talked with the victim on February 2, 2016.

2) As to the second compulsory indecent act, the Defendant left from the victim and the toilet and had no seat on the victim’s side, and had been seated on the part adjacent to the victim, so on February 2, 2016, there was no fact that around 20:40, the Defendant used the part of the victim’s left bucks and applied to the victim’s left bucks and applied to the victim’s left bucks.

3) In relation to similar rape, the Defendant, after having kis with the victim in the toilet, placed his hand in the clothes of the victim, and got the chest.

In this way, the victim saw how to see the defendant's female-friendly face, leaving the defendant stop, and lids lids closed, and after the victim sits down lids, the defendant blkes, blicks the defendant's gender, and 3 times, and the victim demanded 2 and 3 times the defendant's gender.

Therefore, the defendant was only a sexual intercourse through an agreement with the victim and did not have any similar rape.

B. The sentence of the lower court (two years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. (1) With respect to a compulsory indecent act by mistake of facts, the victim was subject to each investigation by each police on February 17, 2016 and March 17, 2016, and on June 24, 2016, and the prosecutor’s office on June 24, 2016, the victim appeared as a witness at the court of the lower trial on October 13, 2016 and consistently stated the following contents:

During the meeting, the first defendant and the United Nations table were different from each other.

After the lapse of time, the defendant sits on the upper side of the left side of the table, and opened the left buckbucks, and he was not able to do so, and he was not able to do so.

In addition, he did his hand in the toilet to make his hand, and he did so in the toilet.

arrow