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(영문) 서울고등법원 2012.11.30 2012노2630
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have quasi-rapeed the victim.

B. The Defendant, at the time of the instant crime, was in a state of mental and physical weakness under the influence of alcohol.

C. The sentence imposed by the lower court on the Defendant (three years of imprisonment, forty hours of imprisonment, order to complete a sexual assault treatment program, and order to disclose or notify a sexual assault treatment program) is unreasonable.

2. Determination

A. 1) The court below found the defendant guilty of the facts charged in this case on the ground that the victim has a credibility in the victim's statement on the ground that it is difficult for him or her to experience himself or herself, such as the situation, method of crime, psychological condition, and circumstances after the crime, etc. are consistent and specifically stated, and that there is no circumstance to suspect that the victim made a false statement for the purpose of receiving the amount agreed upon, and that there is no circumstance to suspect that the victim made a false statement for the purpose of receiving the amount agreed upon. 2) The court below found the defendant guilty of the facts charged in this case by taking full account of the following circumstances acknowledged by the evidence admitted by the court below on the grounds of conviction in addition to the circumstances found by the court below's conviction.

Therefore, the judgment of the court below to the same purport is justifiable, and this part of the defendant's assertion is not accepted.

① The Defendant asserts that, inasmuch as there was no shower room at the time of the instant crime, the victim’s statement to the effect that “in shower room, the victim was found to have a sexual intercourse with G, thereby detecting the sperm in a mass amount.” This asserts that the victim’s statement means that the subject of the instant quasi-rape or the instant act is G.

However, in the instant case, whether the victim had sexual intercourse with G or not.

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