logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.28 2016노1300
강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case in the absence of assault and intimidation to the extent that the defendant intentionally commits rape and intentionally makes it impossible or considerably difficult to resist the victim. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The Defendant asserted that the judgment of the lower court on the assertion of mistake of fact was identical to the assertion of mistake of fact, etc., and the lower court rejected all of the aforementioned arguments by providing a detailed statement on the determination.

The following circumstances, which were duly adopted and examined by the court below, are acknowledged based on the evidence duly adopted and examined by the court below, i.e., the defendant was not in the process of having “no fact that the injured person has indicated his or her personal identification to the defendant, and there was no mutual compromise between him or her.”

There was no gap between the victim and the victim prior to the instant case.

The defendant and the victim did not conflict with each other.

The statement to the effect that “a sexual intercourse was made without the victim’s consent,” and ② the victim made a statement at an investigative agency to the effect that “after the crime of this case, the Defendant was dead to the victim,” and the written statement prepared by the Defendant at an investigative agency was lost as one of the good dynamics;

I think that she would go back to the telecom.

In light of the fact that the crime of this case leads to the above statement of the injured party because it is nothing more than anything else but it is not absolute to establish such a relationship, and therefore it is consistent with the above statement of the injured party. ③ If the injured party after the crime of this case was diagnosed with stress disorder from mental health department due to symptoms such as anxiety, influence, and depression, etc., and received treatment for a considerable period of time, the judgment of the court below is justifiable.

arrow