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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.09.24 2015노2161
강간
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant in misunderstanding the facts that he attached the victim's timber and hand in the vehicle, that he tear and teared the victim's brogate and mergy, and that he added the loss in the victim's sexual organ during the victim's sex, but there is no fact that he has sexual intercourse with the victim.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

The judgment of the court below on the assertion of mistake of facts also asserted that the defendant had the same purport as this part of the grounds for appeal. The court below asserted that the defendant, based on the evidence of this case, acknowledged the following circumstances: ① the victim's statement on the method of crime and the conditions before and after the crime, etc. is specific and natural, and there are many difficulties in making statements or expressions without the victim's direct experience; ② the basic purport of the statement is consistent and rational in light of the empirical rule, and there is no inconsistency in the statement itself; ② The defendant goes off the victim's panty by force, and the defendant actively complied with the victim's fingers without stopping or opposing it, and the victim thought that the victim has consented to the sexual intercourse. The victim's assertion that the victim's sexual intercourse with the defendant was difficult to accept after the victim's voluntary shocking, and the victim's statement that the victim's sexual intercourse had no 18 times the victim's diagnosis wall at bar was stated in the victim's statement of this case

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