logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.09.06 2019노1037
강간등
Text

Part concerning the first, second-A, and second-B of the judgment of the court below concerning the defendant's case shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request for an attachment order and the person subject to a request for a probation order (hereinafter “Defendant”) 1) misunderstanding of facts (as indicated in the judgment of the lower court, the part concerning B crime of Article 2-A and 16 in the judgment of the lower court) agreed to have the victim D (the victim D and 16 years of age), and did not have a sexual intercourse by force by assault or intimidation. In particular, the Defendant did not know the above victim’s name or cell phone number before the victim directly arrives, and did not know that he did not know the above victim’s name or cell phone number, and therefore, there was no threat that “the Defendant would disclose e-learning messages sent to and from the Defendant to South Korea with the above victim to the F account of the said victim”. In addition, the lower court did not err by misapprehending the victim’s face at the time of initial interview with the victim D’s face and allowing the above victim to take the victim’s body image against the victim’s intent of imprisonment with prison labor (the foregoing crime of unfair sentencing).

B. Prosecutor 1 consistently stated to the effect that “The 15-year-old victim N (the 15-year-old victim did not refuse to engage in a sexual intercourse with the Defendant, but the Defendant did sexual intercourse with the Defendant at will.” The 15-year-old statement contains specific contents to the extent that it is difficult to make a statement without suffering actual damage, and thus is credibility.

The above victim immediately reported the damage on the date of the case, and the defendant.

arrow