(영문) 광주고등법원 2015.09.10 2015노250 | 리걸엔진

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Reasons

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자간(%)

(영문) 광주고등법원 2015.09.10 2015노250

강간

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had a factual relationship with the victim by assaulting and threatening the victim, the lower court found the Defendant guilty of this part of the facts charged on the sole basis of the victim’s statement.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

B. It is improper for the court below to exempt the Defendant from the disclosure and notification order, in the absence of any special circumstance that the Defendant’s punishment sentenced by the court below is too unfluent and unfair, and that the Defendant’s personal information should not be disclosed or notified.

2. Judgment on the defendant's assertion of mistake of facts

A. A. The summary of the facts charged, around 07:30 on September 14, 2014, the Defendant: (a) committed sexual intercourse with the victim by reporting a shoulderer or the victim (the 19-year old age) in diving 203 in Gwangju-dong-gu, Gwangju-gu; (b) preventing the victim from leaving the victim’s body on a strong and low-speed basis by force; and (c) suppressing the victim’s resistance, she committed sexual intercourse once by inserting his/her sexual organ into the part of the victim’s sound after suppressing the victim’s resistance; and (d) coercing him/her into force and forced him/her to do so.

B. The lower court determined that the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant sent the victim the “unwritten proposal”, “Ilman only once”, and “Ilman Ilman”, and the Defendant’s wrongness does not seem to merely prevent the Defendant from filing a report, and the Defendant’s words the Defendant’s words the Defendant’s “Ilkh Mek Men” would be greater if the Defendant’s words the Defendant’s “Ilk Mek Men”.

B. In light of the situation in which the victim sent a voice message as “Mama” and the meaning of “a one” requires the victim to have sexual intercourse with the Defendant by force.

유사 판례

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