(영문) 서울고등법원 2016.09.29 2016노1187 | 리걸엔진

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(영문) 서울고등법원 2016.09.29 2016노1187

아동ㆍ청소년의성보호에관한법률위반(강간등치상)등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. 1) The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") do not commit rape or indecent act by force by assault or intimidation to the extent that it would make it impossible or considerably difficult for the victim to resist the sexual intercourse, etc. under the agreement with the victim.

2) There was no fact that the Defendant, by rapeing the victim, led the victim to a malute of the female.

3) The defendant did not assault the victim.

4) Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. The lower court’s unfair sentencing is so excessive that the sentencing is unfair (to be determined within the extent of supplement of the grounds for appeal specified in each of the reasons for appeal filed on September 1, 2016 and on September 22, 2016 by the defense counsel submitted after the expiration of the period for submitting the grounds for appeal, and on May 26, 2016, and on June 13, 2016, and on June 13, 2016; to the extent of supplement of the reasons for appeal filed in each of the reasons for appeal; and to the defense counsel’s assertion that is not entirely stated in

A. The Defendant also asserted that the judgment of the lower court as to the Defendant’s assertion of mistake of facts, etc. was identical to that of the above facts, and the lower court rejected the said assertion by providing a detailed statement on the judgment.

In light of the following circumstances, the lower court’s determination is justifiable, and this part of the Defendant’s assertion is without merit, given that the lower court’s determination is justifiable, in view of the circumstances indicated by the lower court and the evidence duly admitted and examined by the lower court.

A) The victim consistently stated in the investigative agency and the court below on the date and place of the instant crime, the circumstances before and after the instant crime, etc. However, the Defendant also recognized the fact that the victim had sexual intercourse with the victim at the time and place of the victim’s statement.

B) The victim is a victim in an investigative agency and a court of original instance.

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