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(영문) 부산고등법원 2019.01.10 2018노581
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts stated in the judgment, the Defendant is only a sexual intercourse under an implied agreement with the victim with regard to the facts charged in the judgment, and there is no fact that rape was committed. ② The Defendant merely asked or expressed a desire to commit a crime in relation to the facts charged in the judgment, and there is no fact that the Defendant made intimidation.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment, four years of suspended execution, etc.) is unreasonable.

2. Determination

A. 1) The lower court determined that, in light of the legal principles of the judgment, the Defendant could have acknowledged the fact that the victim had been raped, inasmuch as the victim’s statement was credibility, based on the following facts and circumstances revealed by the evidence adopted and investigated by the lower court.

(1) A victim made a concrete and consistent statement from an investigative agency to the court below, as follows:

In particular, with respect to the part in which the defendant is dissatisfied, the victim was able to take two times as follows: 23:40 on September 13, 2017 when the first police investigation on the part in which the defendant is dissatisfied with, after the victim took a low head debt from the inside room, he saw him to the living room and takes a bath after being towed into the living room, he saw his head into the hand room and saw 4 times the left her head into three times.

After that, around 00:10 on September 14, 2017, he forced off his clothes in a low-man's place of force, tried to commit sexual assault in the future while breaking his body with his head and her head, and when he intends to deduct his body, he did not take the body again, and when she tried to do so, he did sexual assault.

“The statement was made to the effect that it was “” (see, e.g., 11, 12 of the evidence records). The victim was satisfyed within the inner bomb with children at the time of the second police investigation.

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