(영문) 서울고등법원 2018.12.13 2018노1274 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2018.12.13 2018노1274

준강간미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal

A. The Defendant and the victim alleged misunderstanding of the facts or misapprehension of the legal doctrine have been in incompetence for a long time, and the Defendant attempted to have sexual intercourse with the victim at the time of the instant case

In addition, one victim was not in a state of resistance which is not in a state of resistance.

Nevertheless, the lower court erred by misapprehending the facts or misapprehending the legal doctrine that found the Defendant guilty of the facts charged in this case.

B. The sentence of the lower court (two years of imprisonment, and forty hours of sexual assault treatment programs) on the ground that the sentence of the lower court’s unfair argument for sentencing is too unreasonable.

2. Determination

A. (1) In light of the following circumstances acknowledged by the lower court and the evidence duly admitted by the appellate court as follows, as to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, there is no reasonable doubt that the Defendant attempted to engage in sexual intercourse in the series of lines with the victim, or that the Defendant attempted to engage in sexual intercourse with the victim at the time of the agreement with the victim.

A) The Defendant did not have any reasonable doubt that the Defendant and the victim are in influorial relationship. The Defendant “When she sees the family members including the 10-year wife and about one year far away from the family members, the victim’s home entered the victim’s husband and wife and drinking at the victim’s house, and the victim’s husband D first did not have the victim for the first time.

The sex relationship was also established on the following day.

After that, the sexual relationship was several times, but the relationship with the victim was organized by having the family with the family.

“The Defendant and the Victim,” and immediately following the instant case, D had been suspected of having been 10 years ago, at the time of the Defendant and the Victim;

In today's snow, brush is affected by brush.

Recognizing that “a statement suspected of doubting an inhumane relationship” is supported by this.

In addition, there are red points on the left side side of the victim's right side.

In order to confirm this, it is against the victim.

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