(영문) 부산고등법원 2017.03.23 2017노13 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.03.23 2017노13

준강간

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as the Defendant was not well aware at the time of committing the crime as indicated in the judgment of the court below, merely put the sexual organ into the part of the victim’s drinking book and inserted the sexual organ into the part of the victim’s drinking book, which is, a part of the victim’s statement (i.e.,, the Defendant could not drink.

The court below, on the grounds stated in its reasoning, fully supported by the statement of the victim's response to a request for appraisal (e.g., EN analysis) to the effect that the victim's reproductive evidence (e.g., quality, finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite

In light of the facts charged in the instant case (i.e., the charge of quasi-rape) and thus, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one and half years of imprisonment, and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the court below, and the court below found the Defendant guilty of the facts charged in this case on the basis of the circumstances acknowledged by the evidence of the judgment in its holding (i.e.,: (a) the victim made a statement to the effect that he inserted his sexual organ into the victim’s sexual organ consistently from the investigative agency to the court of the court below; (b) the victim immediately reported to the police after the crime in this case; and (c) the victim made a detailed statement at the time; and (d) the victim submitted on the day of the crime in this case, clearly stated “c)” the victim’s written complaint submitted on the day of the crime in this case.

The judgment of the court below is based on the facts stated in the judgment of the court below.

유사 판례

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-대구고등법원 2016.04.07 2015노676

-부산고등법원 (창원) 2018.06.27 2018노85