(영문) 대구고등법원 2015.07.09 2014노366 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2015.07.09 2014노366

준강간등

Text

1. The judgment below is reversed.

2. The sentence shall be suspended against the defendant;

3. Of the facts charged in the instant case

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Under the agreement with the victim, the Defendant had sexual intercourse with the victim, and the victim was at the time of the above sex relationship, but did not have the state of mental or physical disability or impossible to resist.

B) Since the Defendant borrowed money from the victim’s walled consent or understanding, there was no intention of theft. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. On August 26, 2013, the lower court found the Defendant guilty of this part of the facts charged on the following grounds: (a) The Defendant, at around 01:00 on August 26, 2013, had sexual intercourse with the victim E (the age of 27) who was first met through Internet carcs in the 2nd floor of D female in Daegu-gu, Daegu-gu, in a state where the Defendant was unable to resist by drinking alcohol; and (b) he had sexual intercourse with the victim after he was exempted from the victim’s barcs and clothes. (c) The lower court found the Defendant guilty of this part of the facts charged: (a) The Defendant made a relatively consistent and concrete statement on the part of the victim; (d) while the Defendant made a confession at the prosecutor’s office and reversed it, it was difficult to believe that the Defendant could sufficiently recognize the fact that the Defendant had sexual intercourse with the victim who was in a state of right to resist, according to the credibility statement of the victim.

3) The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be proven by evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt.

유사 판례

-대구고등법원 2016.12.15 2016노339

-서울고등법원 2020.11.13 2020노1034

-부산고등법원 (창원) 2021.04.28 2021노16

-광주고등법원 2016.10.20 2016노207

-서울고등법원 2020.04.24 2019노2843