(영문) 광주고등법원 2019.07.11 2018노435 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주고등법원 2019.07.11 2018노435

강간등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts - The victim of rape consistently states that the second sexual intercourse was clearly against his/her will, and its credibility is very high.

Nevertheless, the lower court rendered a not-guilty verdict on rape among the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence on the assertion of unfair sentencing (one year of suspended sentence for six months of imprisonment) is too uneased and unreasonable.

2. Determination

A. On August 10, 2017, around 12:00, the summary of the facts charged in the judgment on the assertion of mistake of facts: (a) the Defendant sent the victim to the end well; (b) in Seo-gu, Seo-gu, Seo-gu, Gwangju; and (c) the Defendant sent it to the victim only if he or she was aware of; (d) he or she may be a criminal suspect; and (e) the victim could only die; and (d) prevented the victim from going to the urbing; (b) placed the victim by force, placed the victim’s hand on the bed; (c) divided the victim’s buck and knebbbbbbbs; and (d) sealed the victim’s resistance by inserting the victim’s resistance.

2. The lower court, based on the evidence adopted, found the following circumstances, namely, ① the dispute in the process of the second sexual relationship between the Defendant and the victim, rather than the dispute in the process of the second sexual relationship, appears to have started only after the termination of the second sexual relationship, ② the victim’s statement on the content of assault and intimidation is not consistent, and even based on the content itself, it is contrary to the circumstance that the victim’s sexual intercourse was forcibly sexual intercourse with the victim. ③ The victim, who was the victim’s dead relationship, was fluorous, from around 11:37 to around 11:48, e.g., the victim, who was found the Defendant in the above maternal room, was fluorous, and there was no special circumstance that the Defendant attempted a sexual intercourse with the victim, notwithstanding the strong resistance of the victim.

유사 판례

-서울고등법원 2019.08.13 2019노498

-대구고등법원 2017.06.08 2017노14

-서울고등법원 2013.10.25 2013노1983 (2)

-대전고등법원 2016.04.15 2015노430

-광주고등법원 2015.04.30 2015노92