(영문) 대구고등법원 2020.01.08 2019노476 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2020.01.08 2019노476

강간등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That it shall be for four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the consistent statement by the victim of mistake of facts and misapprehension of legal principles, the court below found the defendant guilty of rape in this part of the facts charged, although it could sufficiently be recognized that the defendant had committed rape by continuously imprisoning the victim with the intention to rape and by assaulting and threatening the victim to practically make it impossible to resist the victim's resistance. The court below erred in the misapprehension of legal principles or by misunderstanding of legal principles,

B. 1) The sentence of the lower court (two years of imprisonment) is too unreasonable. 2) The lower court’s sentence is too unreasonable.

2. Determination

A. On August 6, 2018, at around 11:00 on August 6, 2018, the summary of the facts charged is as follows: (a) the Defendant: (b) at around 11:00, the Defendant was found guilty of the victim’s sexual intercourse; (c) on the victim’s rejection of sexual intercourse; (d) the victim’s refusal of sexual intercourse; (d) the victim’s refusal of sexual intercourse; and (e) the victim’s sexual organ should be changed to the victim’s body; and (e) the victim’s resistance against the other victim’s body was detained; and (e) the Defendant her sexual organ was inserted into the victim’s negative organ. The lower court found the Defendant guilty of this part of the charges, on the grounds indicated in its reasoning, on the sole basis of the evidence submitted by the prosecutor, that the Defendant committed assault or intimidation against the victim as a means of rape; (e) such assault or intimidation was sufficient or considerably difficult to resist the victim’s resistance; and (e) there was no reasonable doubt that the Defendant had intent to commit rape.

3 Whether the perpetrator committed violence or intimidation to establish the judgment of the court for the crime of rape is not only the content and degree of the assault or intimidation, but also the circumstances surrounding the exercise of force, the relationship with the victim, and the circumstances at the time of the act.

유사 판례

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-대전고등법원 2016.04.15 2015노430

-광주고등법원 (전주) 2021.01.29 2020노226

-서울고등법원 2018.04.26 2017노3868

-부산고등법원 2014.07.23 2014노149