(영문) 서울고등법원 2018.04.06 2018노304 | 리걸엔진

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(영문) 서울고등법원 2018.04.06 2018노304

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not rape the victim as stated in paragraph (1) of the crime, and did not commit an indecent act against the victim as stated in paragraph (2) of the crime.

On the other hand, the victim was shouldered at the time of each of the crimes in this case, and was in an impossible state of resistance.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the defendant guilty on each of the facts of this case based on the statements of the victim with no credibility is erroneous in the misapprehension of legal principles.

2) The punishment sentenced by the lower court (eight years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order, despite the risk of recommitting a sex crime.

2. Determination:

A. On January 30, 2017, the lower court rejected the Defendant’s allegation that the Defendant had sexual intercourse by inserting a sexual organ into the part of the victim’s sexual intercourse on or around January 30, 2017, and on July 7, 2017, on the following grounds: (a) the Defendant asserted that the Defendant had the same purport as the grounds for appeal; and (b) the Defendant, based on the evidence duly admitted and investigated by the evidence, included the Defendant’s sexual intercourse by inserting the sexual organ into the part of the victim’s sexual organ at the risk of resistance; and (c) the Defendant’s indecent act by exposing the victim’s kis around the new wall, and around July 2017, on the ground that there was no reasonable doubt.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts or misunderstanding of legal principles as alleged by the defendant.

shall not be deemed to exist.

Therefore, the defendant's above assertion is without merit.

(ii)..

유사 판례

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