(영문) 서울고등법원 2014.10.17 2014노2050 | 리걸엔진

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(영문) 서울고등법원 2014.10.17 2014노2050

재물손괴등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (limited to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)] Defendant entered a residence with the victim’s permission and did not have attempted to rape. However, the lower court convicted Defendant of the part of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Punishment, etc. of Sexual Crimes) by misunderstanding of facts. 2) The lower court’

B. A prosecutor 1) misunderstanding of facts (as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the injury caused by rape) ) is deemed to have inflicted an injury on a victim in the course of rape. However, the court below acquitted the victim of the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the injury caused by rape, etc.) by misunderstanding of facts, and found the defendant guilty only for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the injury caused by rape, etc.) related to such a crime.

2. Judgment of the court below

A. 1) As to the Defendant’s assertion of mistake of the facts, first of all, the victim stated that “the Defendant had a huge key to the Defendant’s house before being lockedd,” and that it was said that it was made by the police. After that, the Defendant consistently stated to the same purport until the lower court’s judgment (Evidence Nos. 25, 55, 87, 117 and 384 of the Evidence Nos. 25, 25, and 384 of the Public Trial Records (Evidence No. 25, 384), and the key possessed by the Defendant from the time of the crime of destruction on April 29, 2013, in full view of the following: (a) the Defendant was in possession of the key possessed by the Defendant from the time of the crime of destruction on the part of April 29, 2013 at the time of the instant crime.

유사 판례

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