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(영문) 서울고등법원 2014.12.11 2014노1570
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The Defendant alleged a misunderstanding of facts is having a sexual intercourse under the agreement with the victim, and the Defendant believed only the victim’s statement that is not reliable even though he did not rape by threatening the victim, carrying a view at the time of the deception, which is a dangerous object, such as the entries in the facts charged in the instant case, and found the Defendant guilty of the facts charged in the instant case.

The punishment sentenced by the court below on the argument of unfair sentencing (three years of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

The judgment of the court below on the defendant's assertion of mistake of facts also asserted the same purport as this part of the grounds for appeal. The court below stated in the "judgment on the defendant's and his defense counsel's argument" that ① the victim has consistently and specifically stated the facts charged of this case from the investigative agency to the court of the court of the court below, as well as the following circumstances, such as the situation at the time of the investigation agency to the court of the court of the court below, the process of the crime, and the facts before and after it, which were revealed by the evidence duly adopted and investigated by the court of the court of the court of the court below, and that it is difficult to find out the part which is particularly inconsistent with the rules of experience or is difficult to find, and ② the victim reported some damage to the police immediately after singing, and the victim stated that he was detained and abused by the defendant at the time of the first report to the police at the time of 112 report to the police, but was accompanied

As such, the reason why the police did not make a statement that he was raped by the Defendant was found was difficult to say that the victim was raped by the Defendant.

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