(영문) 수원고등법원 2019.10.17 2019노59 | 리걸엔진

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줄 간격

자간(%)

(영문) 수원고등법원 2019.10.17 2019노59

강간치상등

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The statement of the victim of misunderstanding of facts is generally consistent in the main part, and objective evidence, such as the victim's hallway CCTV image, damage-oriented photo, injury diagnosis letter, gene appraisal letter of the National Institute of Scientific Investigation of Korea, E message sent by the victim to the victim immediately after the instant case, and E message sent by the Defendant to the victim immediately after the instant case, are credibility in the victim's statement in compliance with the victim's statement. The Defendant's vindication does not in itself fit nature and objective evidence, and even without credibility, the court below rejected the credibility of the victim's statement by deviating from the limit of the principle of free evaluation of evidence, and acquitted the Defendant of the injury caused rape.

B. The lower court’s sentence of unreasonable sentencing (fines 1,00,000,00, etc.) is too unjustifiable and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is a person who has a relationship with the victim B (the age of 24) from January 1, 2018.

Around 03:00 on April 13, 2018, the Defendant got to drink with the victim, and had a dispute with the victim, and the upper limit of the amount of money was between the victim and the house. Although the Defendant attempted to go out of the room, the Defendant was able to prevent the victim from getting out of the room and caused the victim and the body fighting.

As above, the Defendant took the face of the victim's hand while fighting as seen above, and took the floor of the victim's hand, and took five times the left face of the victim's face, and pushed the victim, and took the head and body of the victim's hand over to the flash, such as the victim who is faced with a flash.

The defendant continued to place the victim on a move-line so that the victim can see the ceiling, and re-confluences with the victim, and the victim suffers from the body of the defendant and intends to get out of the room, and put the victim on the bed.

유사 판례

-제주지방법원 2015.01.08 2014노287

-부산지방법원 2014.05.29 2013노3628

-의정부지방법원 2018.12.14 2018고합322

-울산지방법원 2016.06.16 2016고단354

-대전고등법원 2021.01.29 2020노332