(영문) 광주고등법원 2015.09.24 2015노188 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2015.09.24 2015노188

강간등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the victim initially has sexual intercourses with the defendant under the agreement of the defendant, the defendant refused any more sexual intercourses with the victim, even though the defendant refused to put the victim into the victim's resistance, the defendant threatened the victim's resistance to the extent that the victim could make it impossible or considerably difficult to resist, and led the victim to suppress the victim's resistance, and the defendant's sexual flag and fingers were inserted into the victim's sexual flag and fingers with the victim's anus.

Nevertheless, the lower court acquitted the Defendant of the facts charged regarding rape, on the ground that there is no evidence to deem that the Defendant exercised assault or intimidation to the extent that it makes the victim unable to resist or significantly difficult.

Therefore, this part of the judgment of the court below is erroneous in law that affected the conclusion of the judgment.

2. Determination

A. On May 15, 2014, at around 00:00, the Defendant attempted to put the Defendant’s sexual organ into the victim’s port while having sexual intercourses with the victim on May 15, 2014, and around 306, the summary of the facts charged was to create an atmosphere where the Defendant panty panty spanty spanty spanty spanty spanty spane and spanch spanch spanch spane and spanch spanch spanch spanch spanch spanch, and the Defendant spanch spanch spanch span. B, the circumstances of the instant case, and D. B, the Defendant spanp. h. h. h., and h., the Defendant spand the victim’s sexual organ for about 20:0 hours, so that he could not resist the victim’s sexual intercourse with the victim.

B. The first instance court’s determination is based on the evidence adopted and examined by the lower court, as follows.

유사 판례

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-창원지방법원 마산지원 2017.05.26 2016고합45

-서울남부지방법원 2013.02.01 2012고합726