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(영문) 서울고등법원 2019.08.08 2018노3492
유사강간등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that: (a) mistake of facts as to indecent act by compulsion and incompetence; (b) omission of the victim’s statement in G’s testimony at the lower court; (c) omission of the victim’s name; or (d) omission of the victim’s name; hereinafter the same shall apply. According to the husband’s statement at H, it is recognized that the immediately preceding Defendant and the victim were in contact with each other; and (d) according to the H’s statement submitted at the trial, the Defendant could have known that he had sexual physical contact with the victim under the agreement with the victim; (b) the victim’s statement was insufficient; (c) omission of facts and misapprehension of legal principles as to this part of the facts charged, which are based on the victim’s statement, the only direct evidence in the instant case; and (d) omission of facts and misapprehension of legal principles. (b) The lower court’

B. Prosecutor 1) An erroneous determination of facts in the judgment of the court below that acquitted the Defendant of this part of the charges, even though the credibility of the victim’s statement is recognized in light of the fact that text messages sent by the victim immediately after the instant case and the victim’s behavior correspond to the victim’s statement. 2) The sentence imposed by the court below of unfair sentencing is too unreasonable and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant alleged the above mistake of facts and misapprehension of legal principles, but the lower court found the Defendant guilty of this part of the facts charged on the ground that the credibility of the victim’s statement is high on the grounds stated in Articles 5 through 7

In light of the records, a thorough examination of the records reveals that the defendant committed indecent acts by force as stated in this part of the facts charged by the prosecutor, including the victim's statement.

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