logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2014.12.12 2014노339
유사강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the agreement with the victim, the Defendant was only aware of misunderstanding of facts and misunderstanding of legal principles, and did not put the Defendant’s fingers in the victim’s sexual organ.

The assault and threat in the crime of Dod similar rape should reach the degree of assault and threat requested in the crime of rape, not the crime of indecent act by force.

However, the defendant did not assault or threaten the victim to the extent that it makes it impossible or considerably difficult to resist the victim.

B. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

C. The sentencing of the lower court (one year of imprisonment and forty hours of orders to complete sexual assault treatment programs) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the fact that the statement of the victim of this case does not seem to be contrary to the body, consistency, objective circumstances, etc. of the victim's assertion of misunderstanding of facts, the victim did not seem to have any special circumstances to suspect the credibility thereof in the police. The victim's statement of this case did not seem to be contrary to the above tent, and the suspect's body was coming up with the body and came up with the body of the suspect, so it was impossible for the suspect to leave the body. The part of the suspect's bridge was the same as that of the suspect's body. The suspect's act of taking out the title in his arms and body, thereby blocking the suspect's body. After the suspect took it up to the body of the suspect, the suspect's body and the body of the suspect's body, the suspect's kisky, kylba, panty, and panty were put out. (Then, the suspect continued to put it out within the body, but during his hand, he did not know it."

(No. 12 of the Investigation Records). According to the statement of the victim with credibility, the fact that the defendant takes a bath enough to prevent the victim from hiding, and the defendant has a finger in the victim's sexual organ.

arrow