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(영문) 서울고등법원 2016.03.04 2015노3092
유사강간등
Text

The defendant's appeal is dismissed.

Reasons

The defendant misunderstanding the summary of the grounds for appeal does not have any similarity in which the defendant puts his hand in the victim's panty and inserts his hand in the victim's sound book.

The defendant committed the act of similarity as above to the victim on the day of committing the crime and committed an act of attaching the part of the victim to the victim.

This is not against the victim's will.

The defendant, at the toilet on the day of committing the crime, had the victim's knife with the victim's knife on the hand of the defendant, but did not commit an injury by assaulting the victim as shown in the facts of the crime in the decision of the court below concerning the injury.

Even if the injured person was injured by the act of the accused, the accused did not have the intention of injury.

At the time of each of the instant crimes, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

The punishment sentenced by the court below to the defendant (one year of imprisonment) is too unreasonable.

Judgment

Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake, the Defendant may recognize the fact that the victimized person committed a similar rape or forced indecent act and injury as indicated in the instant facts charged.

Therefore, the lower court that found the Defendant guilty of all the charges of this case is justifiable, and the Defendant’s ground of appeal on this part is without merit.

The Defendant led to confession of all the facts charged in the instant case at the prosecution and the court of original instance.

Examining each of the above evidence and records, it is found that the confession of the defendant is not voluntary or lacks credibility.

There is no circumstance to consider.

The victim was victimized by each of the crimes described in the facts charged in this case at the 4th entertainment center in the operation of the victim from July 2, 2015 to July 02:00 to 03:40.

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