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(영문) 서울고등법원 2013.11.01 2013노1447
강간미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court rejected the Defendant’s statement and the results of the investigation into a false horses, and convicted the Defendant of the facts charged in the instant case by reliance on the victim’s statement without any assault or threat to the extent that the victim did not commit rape, and even though the victim did not assault or threaten the victim to commit rape, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine.

B. Although the Defendant who attempted to discontinue the instant crime voluntarily ceased to commit the instant crime, the lower court erred by failing to render a judgment on the attempted suspension.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly examined and adopted by the lower court, determined that: (a) the victim’s statement to the effect that “the victim’s statement was consistent and concrete until the investigative agency up to the lower court’s trial, and the victim’s attitude to make a statement was consistent and specific; (b) the victim’s statement was credibility in light of the victim’s attitude to make a statement was inconsistent and consistent; (c) the victim’s statement was not consistent; (d) it was difficult to believe that the victim was voluntarily engaged in a sexual intercourse with the Defendant at the first place of drinking with the Defendant, who was the primary child of the age of 20, who was the victim of the age of 20, who was a father, and was her mother, to have a sexual intercourse with the Defendant at his home; and (e) the victim’s statement was found to have been voluntarily made at the victim’s first place of drinking; and (e) the victim’s false statement was found to have been found to have been found to have been found to have been found to have been a sexual intercourse with the Defendant.

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