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(영문) 서울고등법원 2018.12.06 2018노2344
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal did not have a fact that the defendant attempted to rape the victim, the court below found the defendant guilty of the facts charged of this case on the grounds of the victim's statement without credibility. The court below erred by misunderstanding the facts.

2. The Defendant also asserted the same purport as the assertion of mistake in the above facts, and the lower court rejected the above assertion by providing a detailed statement on the judgment.

The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, i.e., ① the victim, at the investigative agency and the court below, stated in the court below that “the defendant was unable to have physical contact with the victim at the time of the crime of this case, kid the victim, kid on the wall of the victim, kid the victim’s kid, kid, kid, kid the victim’s kid, knd, knd, kn the victim’s knife, knife the victim’s knife, and the other hand, knife the victim’s will and panty with the victim’s sexual panty.” On the other hand, the police and the prosecutor stated in the court below that “the victim did not have physical contact with the victim at the time of the crime of this case,” and that “the defendant was aware of the victim’s chest and the victim’s chest on the day of this case.”

It is required that there was an error in this paper.

In the future, the answer is that it will be said that there will be no day, and it is necessary to pluck up or pluck up the arms that will completely move from the person who suffered from the war.

Recognizing the words “be off,” of language,” the words “to be off,” it shall be stimulated and decomposed.

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