(영문) 서울고등법원 2016.01.15 2015노3162 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2016.01.15 2015노3162

유사강간상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. A prosecutor 1) In the statement of the victim, the victim’s misunderstanding of facts (the point of injury to similar rape) reversed part of the statement as to whether the disease, fingers, etc. was inserted into the victim’s sexual intercourse, but the victim consistently stated from the investigative agency to the court of the court below to the effect that the victim was raped by the Defendant.

At the time, the victim was aware of the Defendant’s act of similar rape only with physical sense in the state where he was assaulted by the Defendant in the state of drinking, and was aware of the Defendant’s conduct of similar rape in the state where he was boomed by the Defendant, after making a detailed statement on the damage inflicted by the police, and was treated as the victim of sexual assault, and had consistently been raped by E and the Defendant’s leakage

In light of the fact that the statement is written, it cannot be said that the victim's statement is not reliable merely because the statement about the insertion is unclear.

Nevertheless, the judgment of the court below which acquitted the victim of the facts charged of this case on the ground that the victim's statement, which is the only evidence for the facts charged of this case, is not reliable.

2) The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too uncomfortable and unfair.

B. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness due to excessive drinking at the time of committing the instant crime.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of the facts in the instant facts charged, the Defendant, at around 10:00 on April 25, 2015, at the location of the Defendant’s residence in Yeonsu-gu Incheon, Yeonsu-gu C, and 101, and at the location of the Defendant’s residence, while drinking the Defendant’s Do (n, 36 years of age) and drinking, would bring the Defendant into his house.

For this reason, the victim expressed the victim's desire to "Ye-Se-Se-Se-Se-Se-Se-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

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