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(영문) 부산고등법원 2017.07.12 2017노240
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) the Defendant reported that the victim was suffering from the wound and went to the telecom with the victim; (b) was naturally sexual intercourse with the victim in agreement with the victim; and (c) the Defendant did not have the intent of kidnapping sexual intercourse and quasi-rape.

The judgment of the court below which found the Defendant guilty of both the crime of abduction and quasi-rape in the instant case is erroneous by misapprehending the legal principles.

2. The Defendant also asserted the same as the grounds for appeal in the lower judgment.

According to the evidence duly adopted and examined by the lower court, including CCTV images installed in the instant telecom, the victim’s police statements, and the evidence duly admitted and examined by the lower court, the lower court found the Defendant guilty of all the charges of kidnapping and quasi-rapeing sexual intercourse, on the ground that “The fact of having sexual intercourse with the victim, who was in a state where the Defendant cannot make a normal judgment by force, was committed against the victim’s will for the purpose of sexual intercourse with the victim who was in a state where he could not make a normal judgment by force.”

Examining the reasoning of the judgment of the court below by legitimately adopting the evidence and closely comparing it with the examined evidence, the court below's judgment that found all of the facts charged of this case guilty is just and there is no violation of law by mistake

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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