(영문) 서울고등법원 2017.03.28 2016노2364 | 리걸엔진

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(영문) 서울고등법원 2017.03.28 2016노2364

유사강간상해등

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All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

40 hours against the defendant.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. In relation to the judgment of the court below 1, there was a misunderstanding of facts and legal principles that the defendant inflicted an injury upon the victim AB, but there was no similar rape in which the victim made the victim prompts of the defendant's sexual organ or collected the fingers on several occasions.

AC’s written statement has no probative value since AC did not witness the crime of similar rape of the defendant. Ultimately, evidence that corresponds to the fact that the defendant committed the crime of similar rape is the only victim’s statement. ① The police officer and prosecutor’s statement of the victim is inconsistent with how the defendant understood the meaning of “AD”, “AD”, “the victim’s speech,” “the victim’s second vehicle”, and “the victim’s statement is inconsistent with the first instance court’s statement, ② the victim stated differently from the body of the defendant, ② the victim did not speak of the characteristics of the victim’s sex, ② the victim stated differently from the body of the body of the first instance court, ③ the victim stated in the written agreement that he does not want to have the victim make a statement due to the fact that it was caused by brying about the forced indecent act in his written statement.

(No indecent act of coercion was committed at all)

(no similar rape).

“A victim himself/herself recognized that there was no similar rape by the Defendant, by stating that the victim was “,” and after the examination of the first instance court, the victim made a false statement at the place where the victim was living together with the Defendant at the court.

In light of the fact that the statement made by the victim is not reliable, the judgment of the court below which found the defendant guilty of the charge of similar rape is erroneous in the misapprehension of facts.

2) Of the judgment below of the court below No. 2, the Defendant, together with the date and time stated in this part of the facts charged, against the attack against L by the victim, KRW 300,000,000,000,000 in advance,

유사 판례

-부산고등법원 (창원) 2017.05.31 2017노7 (1)

-부산고등법원 (창원) 2017.09.06 2017노133

-서울고등법원 (춘천) 2018.10.24 2018노88

-대전고등법원 2018.11.09 2018노407

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