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(영문) 서울고등법원 2019.06.14 2019노408
유사강간치상등
Text

The judgment of the court below is reversed.

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

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty on the grounds of the statement of the victims who have no credibility despite the fact that the instant indecent act or similar rape was committed, was erroneous in the misconception of facts.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal in this case, and the lower court stated to the effect that the Defendant’s statement “as to the assertion of the Defendant and his defense counsel,” among the judgment, it can be sufficiently acknowledged that the Defendant committed each of the crimes in this case, based on the victim’s statement, etc., the lower court rejected the above assertion by the Defendant. A) It is consistent and clear from an investigative agency to this court to the fact that the Defendant committed each of the crimes in this case, and the victim E, “The Defendant was forced to attract the Defendant himself to the female toilet column, and forced him to sit back, and told him as soon as possible,” and the victim D stated to the effect that “the Defendant was the chest of the Defendant, after the Defendant, and harming the Defendant.”

B) The CCTV images and CCTV images inside the main place comply with the statements of the victims, and the Defendant is difficult to believe the Defendant’s defense, such as the reversal of the statement to report or the defense against this, while denying the crime. C) The Defendant recognized each of the instant crimes at the end of the instant crime immediately after the instant crime was committed, and supported the credibility of the statements made by the victims.

It seems that the victims and the defendants were pressured to recognize crimes for long time.

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