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(영문) 광주고등법원(제주) 2020.09.23 2020노43
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles were the victims and women's toilets of the second floor of E building with physical contact, such as dancing, etc. under the agreement. However, under the influence of alcohol, the Defendant did not intentionally assault the victims of rape or have sexual intercourse.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. 1) The lower court also asserted the same purport as the grounds for appeal in lieu of this part of the grounds for appeal, and the lower court rejected all of the charges in this case, and found the Defendant guilty of all of the charges in this case, taking into account the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial, or the first instance court’s determination on the credibility of the statement made by the witness in the first instance trial is clearly erroneous in light of the contents of the first instance judgment and the evidence duly admitted in the first instance trial, or the first instance court’s determination on the credibility of the statement made by the witness in the first instance trial is clearly unreasonable, taking into account the results of the first instance court’s examination and the additional examination of evidence conducted by the time of the closing of arguments in the appellate trial, unless there are exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness in the first instance trial.

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