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(영문) 서울고등법원 2017.02.03 2016노3731
성폭력범죄의처벌등에관한특례법위반(특수강도유사강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① Around May 12, 2016, the Defendant: (a) around 00:14, at G’s house located in Gangdong-gu Seoul Metropolitan Government D, inflicted an injury on the victim’s drinking at the house; and (b) carried out a bank; (c) however, there is no fact that the Defendant inflicted an injury on the victim due to a fitness.

(2) There is no fact that the defendant puts his fingers in the victim’s sexual flag at the same place.

Nevertheless, the lower court erred by misapprehending the facts, thereby convicting all of the facts charged.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part.

In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated, the court below held that the defendant, as stated in the judgment of the court below, intruded into G's residence at night, thereby inflicting bodily injury upon the victim's face and hair, and included his fingers in the victim's sexual flag in the victim's fingers:

The decision was determined.

A) After committing the crime, the victim was from the Seoul Asan Hospital to the investigative agency through the investigation agency to the court below’s trial. “The Defendant, after putting his fingers into the victim’s sexual organ, she was off the victim’s face and head, she exceeded the victim’s eye, she was fluor, and she was fluored by assaulting the victim’s face and head fluor.

“Along with the fact of damage,” the victim has consistently and specifically stated the fact of damage in lieu of the fact of damage, and there is no circumstance for the victim to mislead the defendant due to the exaggeration of the fact of damage, so credibility is recognized in the victim’s statement.

Although the first report of the police does not contain any fact of rape, according to the legal statement of the witness G of the court below, the person who prepared the report on the occurrence of the crime, the victim is prior to the preparation of the report.

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