(영문) 서울고등법원 2020.01.30 2019노1436 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2020.01.30 2019노1436

준강간등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of April 1, 2018, when there was a misunderstanding of the facts about the charge of quasi-rape, the victim returned home in the state of full condition and her clothes a large quantity of water exemption and gal stability, so it can be sufficiently inferred that the victim was in the state of mental disorder, and the victim consistently stated that the victim did not consent to the sex relationship with the defendant. As such, the defendant stated that the victim had consistently made a statement that the victim did not consent to the sex relationship with the defendant (the fact that the victim was financially supported by the defendant even after the crime in this part does not interfere with recognizing the establishment of the crime in this part). Nevertheless, it is difficult for the court below to recognize the credibility of the victim's statement, and it is difficult to view the remainder of the facts charged by the prosecutor that it was difficult to view that this part of the facts charged was proven without any reasonable doubt.

B. The sentence imposed by the lower court (one month of imprisonment, two years of suspended execution, etc.) is too uneasible and unfair.

2. Determination on the grounds for appeal

A. 1 The lower court rendered a judgment on the assertion of mistake of facts in the form of Articles 9 through 18 of the lower judgment, and ① in light of objective circumstances, the victim was drunk.

The lower court acquitted the Defendant of this part of the facts charged on the grounds that it is difficult to recognize that the victim’s statement was in a state of mental disorder due to the use of a large quantity of drugs, ② the lack of consistency in the important part, and the attitude after sexual intercourse is difficult to view that the victim’s act was an act of quasi-rape, ③ the victim is unlikely to memory the fact of sexual intercourse due to the loss of memory even though the victim did not have a state of mental or physical disorder at the time of sexual intercourse, ④ the Defendant’s assertion that it is difficult to easily

record.

유사 판례

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