(영문) 서울고등법원 2020.11.10 2020노156 | 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 2020.11.10 2020노156

준강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The gist of the grounds for appeal (the first instance court) found the Defendant guilty on the violation of the Specialized Credit Finance Business Act, and acquitted on the charge of quasi-rape and quasi-rape by compulsion.

The gist of the appeal by the prosecutor is as follows:

According to the evidence related to the assertion of misunderstanding of facts, the defendant can make a quasi-rape by compulsion of the victim in a state of non-performance of defense and quasi-rape.

Unlike this, the lower court found the Defendant not guilty of this part of the facts charged erred by misapprehending the legal doctrine.

B. The lower court’s sentence (three million won of fine) is too unhued due to the omission of the allegation of unfair sentencing.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On December 24, 2018, quasi-rape 1) around 05:24, 2018, the Defendant: (a) committed an indecent act by compulsion on the part of the Defendant: (b) committed an indecent act by compulsion on the part of the Defendant, with the victim D (or 20 years of age) who was fluencing in the drinking house “C” on the part of Bupyeong-si B and 1st century; (c) and (d) fluencing the victim’s body, who was under the influence of alcohol, tried to commit an indecent act against the victim who was under the influence of alcohol. In full view of the Defendant’s act, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disorder or unknown condition; (b) the Defendant she flucing the victim in the drinking house of “C” and fluencing the body of the Defendant, by reporting that the said victim was under the influence of alcohol; and (c) was under the influence of the victim’s body of the Defendant.

Defendant

Comprehensively taking account of the defendant's act, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical condition.

B. The lower court’s judgment (the first instance court) is one of the charges of quasi-indecent act.

참조조문

-여신전문금융업법

유사 판례

-대구지방법원 김천지원 2015.06.02 2015고합11

-대구지방법원 2019.01.10 2018고단2879

-서울고등법원 2019.06.20 2019노325

-수원지방법원 성남지원 2014.08.14 2013고합317

-서울고등법원 2014.05.09 2014노667