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(영문) 서울고등법원 2018.12.06 2018노1748
강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine is merely a sexual intercourse with the victim H.

The victim H’s statement is not consistent and is not reliable because it is not consistent with the statement of the witness I of the original trial or any other objective evidence.

However, the court below erred by misapprehending the fact that the victim H's statement was trusted and found guilty of the facts charged, which affected the conclusion of the judgment.

B. The defendant and the prosecutor argued that the defendant's punishment of the court below (two years of imprisonment with prison labor) was too unreasonable, and the prosecutor asserts that the defendant was too unfasible and unfair.

2. Determination

A. According to the evidence duly admitted by the lower court as to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, various circumstances recognized in the part below “2. Determination” in the provision of “(2017 Gohap 298) on the Defendant’s assertion” not exceeding 5 pages of the lower judgment are just and acceptable, and the following circumstances can be additionally acknowledged.

In full view of these circumstances, this part of the facts charged that the Defendant raped the victim H (hereinafter “victim”) by assaulting and threatening the victim H (hereinafter “victim”) is proven without any reasonable doubt.

Therefore, the judgment of the court below to the same purport is just, and the defendant's assertion on this part is not accepted.

1) In light of the various circumstances below the credibility of the victim’s statement, the victim’s legal statement has credibility.

① The consistent victim’s statement made consistent statements from the police level to the court below’s court below’s trial. The contents of the statement are inconsistent with each other, and the progress of the case following the statement is not natural.

J The defendant will leave the main points and then move into the lane.

The defendant's vehicle shall be on board.

Defendant.

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