(영문) 서울고등법원 2013.11.28 2013노3237 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2013.11.28 2013노3237

강도강간등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In the case of bodily injury resulting from rape, which the court below found guilty, the defendant only puts his fingers into the victim’s sexual organ and did not rape as described in the facts charged.

(2) Under the influence of the Defendant at the time of committing the crime, the Defendant was in a state of mental disability.

(3) The lower court’s imprisonment (five years of imprisonment) is too unreasonable in light of the fact that the Defendant’s assertion of unreasonable sentencing is divided by his mistake, and the Defendant’s power, etc.

B. In the case of robbery rape, which was found not guilty at the lower court, the Defendant may be found guilty in view of the power of the Defendant, the fact that the Defendant did not return the bank to the victim despite the opportunity to return the bank, and the fact that the bank was abandoned to destroy evidence thereafter.

2. Determination

A. (1) Determination of the Defendant’s assertion of mistake is based on the evidence duly examined in the lower court: (a) the Defendant was raped by the Defendant in the investigative agency and the court of the lower court; (b) the Defendant’s statement that corresponds to the facts charged; (c) the victim’s statement that corresponds to the facts charged; (d) the victim’s statement and quality; (e) the victim’s resistance and quality contents; and (e) the fixed amount detected on the floor of the parking lot for the crime of this case, correspond to the Defendant’s DNA; and (e) the Defendant committed rape and was sufficiently recognized in the process.

Therefore, this part of the defendant's assertion is without merit.

[The former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same applies) concerning the injury resulting from rape to the victim in the course of the rape, even though the rape itself was committed as alleged by the Defendant, insofar as the injury was inflicted on the victim in the course of the rape.

(2) The record of the claim of mental disability shall be the same as that of Article 301.

참조조문

-형법

유사 판례

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