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(영문) 서울고등법원 2019.01.24 2018노2899
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order case when it rendered a conviction on the part of the defendant’s case, and the defendant appealed only against this, and thus there is no interest in the appeal regarding the part of the attachment order case.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order is excluded, and the scope of the judgment of this court is limited to the part concerning

2. Summary of grounds for appeal;

A. Fact-finding 1) Criminal facts of the judgment below 1) Nos. 1 and 2 of the criminal facts of the judgment below as stated in the judgment below, the defendant reported the head of the victim's house at the victim's request, and the victim took care of the victim's house, and the victim took part in his house, and he did not cause any injury to the victim by force or by inserting knife into the victim's entrance. 2) Criminal facts of the judgment of the court below, Paragraph 4 of the judgment of the court below, the defendant was merely driving the victim's house with the victim's consent, and did not attempt to escape from the victim's house at the victim's house. After that, the defendant was sexual intercourse with the victim's house, and the victim was reported that the victim would come to the knife after sexual intercourse, but it was excessive to the victim until the police of the victim, not to have inflicted any injury on the defendant.

3. Nevertheless, the court below convicted all of the charges on the basis of the statements made by the victim with no credibility, which is erroneous in the misunderstanding of facts in the judgment of the court below.

B. The lower court’s sentencing is too unreasonable.

3. Determination

A. The first instance court’s decision on the assertion of mistake of facts and the evidence duly examined in the first instance court.

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