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(영문) 서울고등법원 2019.01.10 2018노2530
준강간미수등
Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts, etc., the Defendant, while drinking with the victim D (tentative name) and drinking, proposed that the victim was easy to do so and attempted to have sexual intercourse with the victim by using kis and pets under the agreement between the victim and the her mother, and attempted to have sexual intercourse with the victim. Nevertheless, the lower court rejected the statement of P and V as shown in the Defendant’s argument and made a guilty verdict of the charge of attempted quasi-rape on the grounds of the victim’s statement without a thorough deliberation about the state of the victim’s taking-over without credibility. Accordingly, the lower court erred by misapprehending the legal principles and failing to exhaust all necessary deliberations. 2) In so doing, the lower court’s sentencing is excessively unreasonable.

B. The lower court’s sentencing is too inappropriate.

C. The lower court’s sentencing against the Defendant B of the Prosecutor is too uncomfortable.

2. Defendant A’s assertion of misunderstanding of facts, etc. was also asserted in the lower court to the same effect as the allegations of misunderstanding of facts, etc., and the lower court rejected the aforementioned assertion by providing a detailed statement of the

In light of the circumstances indicated by the lower court and the evidence duly adopted and examined by the lower court, the following facts and circumstances, etc. can be fully acknowledged that the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim’s defectiveness or failure to resist, and thus, the Defendant’s assertion of mistake of facts is without merit.

On May 28, 2017, the victim's statement was sent to his house by the investigative agency to the court of the court below, and the victim's statement was divided into two male-child-gu and male-child-friendly families and seven to eight diseases each week.

At around 21, the defendant boomed to drink on the same day.

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