(영문) 부산고등법원 2020.01.30 2019노543 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2020.01.30 2019노543

유사강간치상

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the grounds that the defendant was injured by similar rape, among the facts charged against the defendant, and found the defendant guilty on the charge of similar rape in relation to the crime, only the defendant appealed against the guilty part of the judgment below, and the prosecutor did not appeal.

Therefore, the part of the injury caused by similar rape, which the court below acquitted on the ground, shall be judged on the part of the court below in accordance with the principle of no appeal (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010) but shall not be further determined on the part of the court.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The Defendant does not have any misunderstanding of facts in the victim’s negative records.

B. The sentence imposed by the court below on the defendant (two years of imprisonment with prison labor and three years of suspended execution) is too unreasonable.

3. Determination on the grounds for appeal

A. 1) The judgment of the court below also argued to the same effect as the grounds for appeal in this part. The court below rejected the Defendant’s assertion in detail by examining the judgment on the assertion of the Defendant and his defense counsel in the judgment below. 2) In light of the contents of the judgment of the court of first instance and the evidence examination conducted by the court of first instance, there are special circumstances to deem that the first instance judgment on the credibility of the statement made by the witness of the court of first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by the witness of the court of first instance was determined in full view of the results of the first instance examination and the results of additional evidence examination conducted by the time of the closing of argument in the

참조판례

-대법원 2004. 10. 28. 선고 2004도5014 판결

-대법원 2010. 1. 14. 선고 2009도12934 판결

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