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(영문) 광주고등법원 2015.04.09 2014노499
준유사강간등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") issued a mistake in the act of similarity with the victim D, such as T-line trademark, wheelchairs (FILA), 1, 1, 1, 3, 5, 5,000,000, etc., and the above victim received the above proposal. The act of similarity with the victim D is merely an agreement with the victim, and it is not based on the victim's mental disorder or the state of failing to resist.

Therefore, the judgment of the court below which found this portion guilty is erroneous by misunderstanding of facts that affected the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court’s judgment: (a) acknowledged credibility in the victim’s statement in full view of the victim’s specific statement from the investigative agency to the court of the lower court’s trial; (b) supported the victim’s statement by stating that “F, who was in the same room, considered the victim’s injury to the victim’s hand,” and (c) the victim did not report the fact of injury due to the victim’s appearance; and (d) the victim did not report the fact of indecent act by force; (e) subsequently, the victim became aware of its damage only upon reporting the fact of indecent act by force; and (e) it is difficult for the victim to find the reason or motive for the victim’s false statement at the risk of bearing the burden to cope with the case in the prison.

B. The following circumstances, which can be acknowledged by each evidence duly adopted and completed the investigation by the court below and the court below, i.e., ① the victim from the investigative agency to the court of the court below, i.e., the defendant was engaged in drinking drugs, and the defendant was covered by the defendant's own right later.

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