(영문) 서울고등법원 2017.12.15 2017노2009 | 리걸엔진

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(영문) 서울고등법원 2017.12.15 2017노2009

강간치상등

Text

The guilty portion of the case against the defendant of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment with prison labor for eight months) by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court acquitted the Defendant of the injury resulting from rape, rape, and fraud, despite the credibility of the victim’s statement that the Defendant had been aware of the fact that he/she had been raped by suppressing the victim’s resistance, and acquired money by deceiving the victim, the lower court acquitted the Defendant of the injury resulting from rape, rape, and fraud.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the Prosecutor alone was insufficient to acknowledge the facts charged of rape and rape, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the Prosecutor, based on the following circumstances: (a) the Prosecutor’s assertion that the facts were erroneous; and (b) the lower court found the Defendant not guilty of this part of the facts charged.

In addition, the court below's aforementioned determination is just, and there is no error of misconception of facts as claimed by the prosecutor, in light of the following: (a) the court below did not seem to have a sufficient and reasonable circumstance to determine that the victim's statement is not reliable, by directly observing the victim's appearance and attitude when examining the victim as witness three times in the court; and (b) considering the contents of the testimony, etc.

Therefore, the prosecutor's above assertion is without merit.

B) In full view of the following circumstances acknowledged by the record of this case’s fraud related to the new business, the evidence submitted by the prosecutor alone is sufficient to deem that “the Defendant did not have a plan to conduct a new business and borrowed money from the injured party.”

유사 판례

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