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(영문) 서울고등법원 2019.03.14 2018노2688
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) With respect to the crime of injury under paragraph (1) of the judgment below, the Defendant did not assault the victim for two hours on March 10, 2018 on the ground that his parents had found the victim Seoul around 09:0 to 11:00.0. (2) In relation to the crime of special intimidation under paragraph (2) of the judgment of the court below, the Defendant tried to injure himself, and the Defendant did not want to knife with knife the victim with knife and knife.

3) With respect to the crime of rape under paragraph (3) of the judgment below, the defendant did not rape the victim in a situation where it is impossible to resist, and sexual intercourse with the victim through an implied agreement with the victim, and the victim did not have a state of difficulty to resist due to the crime of special intimidation. 4) Nevertheless, the court below found the defendant guilty of all the charges of this case on the grounds of the statement of the victim without credibility, etc.

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

2. Determination

A. 1) The lower court also asserted that the Defendant had the same purport as the allegation of mistake of facts, etc., and the lower court rejected all the aforementioned arguments by making a detailed statement in its judgment. In light of the evidence duly admitted and examined by the lower court, the lower court’s judgment is just and acceptable, inasmuch as the victim made a consistent statement on the specific circumstances that were difficult to make a statement if the lower court and the investigative agency did not actually experience the fact of damage, and the content of the statement seems to be reasonable and objective. Accordingly, the Defendant’s assertion of mistake of facts, etc. is without merit.

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