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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2021.01.27 2020노733
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Regarding the fact-misunderstanding (the point of rape injury) of rape injury, the Defendant: (a) had sexual intercourse with the victim upon the victim’s request by the victim; and (b) sustained the victim’s bodily injury in the course of the sexual intercourse with the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. The punishment sentenced by the lower court (three years of imprisonment, etc.) is excessively unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted that the defendant did not suffer injury to the victim in the course of rape, as stated in this part of the facts charged, while having sexual intercourse with the victim under the agreement with the victim, as alleged in the grounds for appeal.

As to this, the lower court acknowledged the following circumstances based on the evidence duly adopted and investigated by the lower court, i.e., (i) the victim’s statement on this part of the crime is specific and consistent with the core facts of damage, and there is no unreasonable part in light of the empirical rule, and (ii) the CCTV video of the instant case was fledd while the Defendant was forced to engage in sexual intercourse, and the Defendant was out of his will.

“The victim’s statement is consistent with the victim’s statement, and the victim appears to have no reason to conduct the above act in the process of sexual intercourse by agreement, etc., and the victim’s report details are natural and false.

In full view of the above circumstances in light of the fact that there is no circumstance to view, the Defendant raped and inflicted injury on the victim by assaulting, threatening, etc. the victim against the victim’s will, as stated in this part of the facts charged.

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