(영문) 부산고등법원 2015.05.07 2015노135 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2015.05.07 2015노135

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Taking account of various circumstances, such as the degree of drinking and uniform condition of the victim of mistake of facts, it is difficult to believe that the victim’s statement was under influence of alcohol at the time of the instant case, and it is apparent that the victim was shouldered. Therefore, the lower court that found the Defendant guilty is unreasonable.

B. Prosecutor 1) According to the statement of the victim of mistake of facts, the court below recognized the Defendant as attempted to commit the instant crime even if the Defendant inserted his sexual organ, and found the Defendant guilty to have attempted to disclose and notify the personal information. 2) It is improper to determine that the court below’s improper exemption from disclosure and notification of personal information was a special reason for not disclosing and notifying the Defendant’s personal information

3. The sentence sentenced by the court below on unreasonable sentencing is too uneasible and unfair.

2. Determination

A. The judgment of the court below as to the defendant's assertion of misunderstanding of facts (the victim's assertion that he did not have a state to resist) also asserted the same as the defendant's assertion in this part. The court below rejected the defendant's assertion on the following grounds: (a) the victim's amount of drinking on the day of the instant case is considerably large in light of the victim's ordinary level of drinking, the victim's age and physical conditions; (b) the victim was under diving without any location; and (c) the victim's various actions that the defendant had committed before the defendant attempted to put in her sex, but did not seem to have any reaction, in light of the fact that the victim was raped by the victim who was unable to resist.

The above circumstances that the court below properly explained: Provided, That "Rape" in the above three paragraphs has been committed.

유사 판례

-서울고등법원 2015.01.29 2014노2961

-부산고등법원 (창원) 2021.04.28 2021노16

-부산고등법원 2020.08.12 2020노8

-서울고등법원 (춘천) 2020.01.08 2019노135

-서울고등법원 2019.08.23 2019노1004