(영문) 서울고등법원 2016.10.27 2016노2178 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.10.27 2016노2178

강제추행치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have caused injury to the victim in the course of forcing the victim to commit an indecent act, such as misunderstanding of facts, and the wife suffered by the victim does not constitute injury as a naturally cured extent. However, the lower court convicted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentencing is too unreasonable.

2. Determination

A. In the crime of injury resulting from a mistake of facts, etc., the result of the crime of bodily injury resulting from an indecent act itself or the assault used as a means of indecent act by force includes not only the occurrence of an indecent act, but also the occurrence of an act resulting from an indecent act by force (see, e.g., Supreme Court Decision 2001Do7053, Mar. 15, 2002). Meanwhile, if the victim’s wife is extremely minor and the victim’s wife does not need medical treatment and does not receive medical treatment, it does not interfere with daily life, and if the victim’s physical health was naturally cured following the passage of the time, the victim’s physical condition was significantly changed.

Although it cannot be deemed that there was an obstacle to the function of life or life, it cannot be deemed that the injury is an injury to the crime of indecent act by compulsion. However, such argument is premised on the fact that there is no assault or threat to suppress the victim’s resistance, or that it is the same to the degree of injury normally likely to occur in his/her daily life or in his/her sexual act according to an agreement. Thus, if an injury exceeding such degree is caused by such violence or intimidation, the injury constitutes an injury, and whether the victim’s health condition is changed to a bad condition and has caused an obstacle to the function of life should not be objectively and uniformly determined, but should be determined on the basis of the victim’s age, gender,

Supreme Court Decision 200

유사 판례

-부산고등법원 2021.04.22 2020노620

-대전고등법원 (청주) 2020.05.14 2019노228

-대전고등법원 2015.07.17 2015노95

-부산고등법원 2012.10.24 2012노366

-서울고등법원 2013.11.28 2013노2852