(영문) 서울고등법원 2014.12.19 2014노2840 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.12.19 2014노2840

강간상해등

Text

The judgment below

The part of the case concerning the defendant's injury resulting from indecent act by compulsion is reversed.

The injury resulting from the indecent act by force of this case.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") of this part of the facts charged, although the defendant and the respondent for an attachment order (hereinafter referred to as the "defendants") were credibility in the statements made by the victim L (the age 21) due to an indecent act by force, there was an error in the misapprehension of the legal principles as to this part of the facts charged. 2) In accordance with the evidence of fraud, the court below found the defendant not guilty of this part of the facts charged, even though the defendant had no intent and ability to pay the investment principal and profits by running entertainment tavern business within 1-2 weeks from May 21, 2013, the defendant made a false statement that he started the business of entertainment tavern and acquired money from the victim Q within 1-2 weeks from the above victim. However, the court below found the defendant not guilty of this part of the facts charged.

B. The sentence of imprisonment (three years of imprisonment and five years of suspended execution) imposed by the court below on the defendant is too uneasy and unreasonable.

C. It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order even if it is found that the Defendant was guilty of the injury by indecent act committed by the Defendant and the risk of repeating a sexual crime is recognized.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts (related to the part not guilty) 1) this part of the facts charged and the judgment of the court below (1) this part of the facts charged are as follows: around January 15, 2013, the defendant presented the victim L/ [the victim] who became aware of through the president of the court of Gangnam-gu, Seoul, to the "victim" in the above L/ [the victim 21 years old; hereinafter the same shall apply], but refused this, the victim turned down all studs, cut off the part of the defendant's body and brought the victim's head to the defendant's gender, and brought about the victim's head to the defendant's gender," and "I am soon".

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