(영문) 서울고등법원 2019.01.08 2018노1763 | 리걸엔진

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(영문) 서울고등법원 2019.01.08 2018노1763

재물손괴등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) a mistake of facts (the part not guilty in the judgment of the court below) (the part not guilty in the judgment of the court below) ① the defendant could have committed a crime causing rape in a contingent manner due to the male problem of the victim; (b) the defendant voluntarily stated that the situation was not memory; (c) the victim did not have stated that he did not commit the crime; and (d) the victim paid the agreement amount to the victim; (b) the victim's statement is consistent with the victim's statement; and (c) the victim first did not state the injury caused by rape in the initial written complaint and did not state the injury caused by rape to a general hospital or a third party; (d) the victim did not have any awareness of the harm caused by rape; and in light of the fact that the victim did not have any self-harm in the report process of the case, it is difficult to deem that the victim was guilty of the crime; and (d) the victim did not have any force to commit a false accusation in the report process of the case, the injury charged can be sufficiently acknowledged.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of KRW 500,00,000,000,000,000,00,000,000,

2. Before the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor examined the case in question, while keeping the facts charged with the injury resulting from rape which the court below found not guilty at the time of the trial in question as the primary facts charged, "injury" in the name of the crime, "Article 257 (1) of the Criminal Act" in the applicable provisions of the Act, and "the defendant" in the facts charged, "in the above time and place, when the victim was disputed with the victim due to the above time, the victim's body was sealed, and the victim's body was sealed.

참조조문

-형법 제257조 제1항

유사 판례

-대전고등법원 (청주) 2014.05.22 2014노54

-서울고등법원 2013.02.20 2012노1855

-서울고등법원 2015.02.06 2014노3167

-부산고등법원 2019.07.18 2018노623

-서울고등법원 (춘천) 2012.12.05 2012노194