(영문) 서울고등법원 2018.06.14 2016노3344 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2018.06.14 2016노3344

준강간등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Sexual assault against the defendant for 80 hours.

Reasons

The lower court proves that the Defendant had sexual intercourse with the victim only by the statement of the victim, based on the summary of the grounds for appeal by the prosecutor.

In the purport that quasi-rape could not be seen, the court acquitted the quasi-rape.

However, in this case, the defendant had sexual intercourse under the agreement with the victim.

The victim argued that he had sexual intercourse with the defendant under the state of potential;

Therefore, there is no dispute that there was sexual intercourse or sexual intercourse between the two parties, and it is only a issue whether there was an agreement on the agreement.

According to the victim's statement, it can be sufficiently recognized that the defendant had sexual intercourse with the victim who was under the influence of alcohol around January 24, 2016. Thus, the court below erred by misunderstanding the facts.

Sentencing unfair sentence of the court below is unfair because it is too uneasible to the punishment of the court below (six months of imprisonment, two years of suspended sentence, and 40 hours of sexual assault treatment lectures).

The judgment of the court below on the prosecutor's assertion of the facts that the victim D (hereinafter referred to as "victim") made a statement to the effect that the victim D (hereinafter referred to as "victim")’s statement was written to the effect that ① it is not consistent that the victim D, including the defendant, and how she gets on and off a cab after drinking alcohol, ② it is not consistent, ② it is difficult for the defendant to take any action when she was broken in a lock, ③ it is not consistent how she was off her Cheongbbba in her face, ③ the victim was forced from her Cheongba in her face at the time, and the defendant was inserted into her part, and it appears to be easy for the defendant to insert her sexual organ into her part, ④ it is not easy for the defendant to inserting her sexual organ into her part, ④ it is not easy for her sexual organ inserted into her part in the court.

In light of the fact that the statement is stated.

유사 판례

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