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(영문) 서울고등법원 2014.11.13 2014노2324
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts - The Defendant did not force the victim to a taxi driving by force and assault and detain the victim. The Defendant did not commit assault and threat to the victim’s resistance at the Defendant’s home, but did not commit assault and threat to the victim, but took a sexual intercourse with the victim’s consent, and taken a dynamic image of the sex relationship.

Nevertheless, the court below found the victim's statement, etc. without credibility as evidence to be guilty of all the charges, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts 1) The credibility of the victim’s statement and the Defendant’s use of assault against the victim prior to sexual intercourse is acknowledged according to the images taken by the Defendant at the time of sexual intercourse. According to the Defendant’s sexual intercourse, the part of the victim’s left side can be seen as being open, and according to the above, the part of the victim’s statement and the part of the left side can be found to be red on the left side of the victim’s left side, and where the Defendant assaulted the victim at around 23:00 on February 16, 2014 under paragraph (4) of the facts constituting the crime of the lower judgment, such as the Defendant’s statement, if the Defendant assaulted the victim at around 23:0, Feb. 16, 2014, the lower court acknowledged the credibility of each of the facts charged, and determined that the credibility of the victim’s statement and the above image from the victim to the Defendant’s act of assault against the Defendant.

B. The defendant confiness or rapes the victim.

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