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(영문) 서울고등법원 (춘천) 2016.04.06 2016노21
특수강도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant clearly stated his intention of refusal to E, and even if E forced sexual intercourse, there was no intention to commit a false accusation.

B. As to the punishment sentenced by the court below (the defendant and the prosecutor), the defendant asserts that the punishment is too unreasonable because it is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the court below's judgment on the assertion of mistake of facts, it is recognized that the defendant used to dismiss E as stated in paragraph 1 of the facts constituting the crime in the judgment of the court below. Thus, the assertion of mistake of the defendant and defense counsel is without merit

(1) The defendant filed a complaint against E to the crime of rape immediately after the sex relationship with E. The complaint shall be deemed not to be a victim of the crime of rape.

The primary purport of “E was to have a sexual intercourse by force despite having bruted his hand,” and the Defendant immediately stated to the same effect in the police investigation.

② On September 9, 2015, the Defendant made a statement in the prosecutorial investigation around 1 and 2 occasions in 2008, and was arrested on September 9, 2015, the Defendant reversed the Defendant’s statement to the effect that: (a) the Defendant did not have expressed his/her intention to spawn or refuse to engage in sexual intercourse; (b) provided that he/she responded to sexual intercourse with the suppression under the psychological pressure by borrowing money from E and receiving money from E; (c) provided that he/she did not repay loans from F, and that “E would have sexual intercourse after allowing E to withdraw a criminal complaint; and (d) filed a complaint for rape under the direction of E to the effect that he/she: (e), 6, and 7 prosecutorial investigations) led to rape.

③ 피고인은 위와 같이 진술을 번복하게 된 경위에 관하여 ‘ 훌훌 털어 버리고 싶어서 사실대로 진술한 것이다 ’라고 비교적 솔직하게 진술하고 있고, 특히 F으로부터 ‘ 고소를 취하하면 재고소할 수...

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