(영문) 광주고등법원 2016.03.24 2015노495 | 리걸엔진

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(영문) 광주고등법원 2016.03.24 2015노495

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of this part of the facts charged even though the defendant did not rape the victim E (name). The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The judgment of the court below which did not recognize the defendant's mental and physical weakness before the victim's intrusion upon the victim's house, was erroneous in the misapprehension of legal principles that affected the conclusion of the judgment.

(c)

Defendant

The punishment of the court below (12 years of imprisonment) declared by the prosecutor's improper assertion of sentencing is too heavy (the defendant) or unhutiled (the prosecutor).

2. Determination

A. The lower court found the Defendant guilty of this part of the facts charged by taking into account the following as evidence: (a) the Defendant’s statement fit for such statement in the court of the lower court; and (b) the victim’s investigative agency’

In light of the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, the defendant's assertion on this part is not accepted, since the defendant sufficiently recognizes the fact of rape by inserting his or her sexual organ into the sound records of the victim.

1) The Defendant stated, at the police station, that “The Defendant first puts his sexual organ into the negative part of a speech but did not have yet to go out, and went out to and out of the society while doing so (Evidence No. 112 pages).” (Evidence No. 112 pages 2) The victim was well aware that he was trying to go out of the police.”

The evidence duly admitted and examined by the court below as to the Defendant’s mental and physical weakness claim (11th page of the evidence record). B. The Defendant’s drinking at the time of committing the instant crime may be acknowledged, but the circumstance at the time of committing the instant crime, the background leading up to the commission of the crime, the method of committing the crime, and the period prior to and after committing the crime.

유사 판례

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