(영문) 서울고등법원 2016.08.30 2016노1509 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2016.08.30 2016노1509

유사강간등

Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

The court below's scope of trial in this case dismissed the public prosecution as to assault among the facts charged in this case and sentenced guilty (including not guilty of reasoning) as to each of the remaining facts. Since the dismissal part of the public prosecution is separate and finalized as it is because the defendant appealed on the guilty part and the prosecutor did not appeal on the dismissal part of the public prosecution, the court's judgment

With respect to the crime of forced indecent conduct by mistake of the defendant's facts in the judgment of the court below, the defendant did not sparly use the victim C or gather his fingers in the victim's resistance.

In relation to the crime of interference with the affairs set forth in the judgment below, there is no fact that the defendant tried to see the victim'sO by hand.

The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

Since the attitude of the act of rape similar to that of the forced indecent act is similar to that of the forced indecent act, it is necessary to recognize quasi-Rape as if the forced indecent act was recognized.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the court below in relation to the defendant's assertion that the defendant's assertion of the facts is erroneous, namely, ① the victim's statement is consistent, specific, and detailed in relation to the defendant's act, content of damage, the victim's perception and response, the situation before and after the crime, and the situation where the victim's false statement cannot be found; ② CCTV installed in E Marina has been taken by the defendant as to the victim's personal body because the victim's knee-kne-kne-kne-kne-kne-kne-kne-kel-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kak-kak-kak-kak-kak-kn's statement. ③

유사 판례

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