(영문) 서울고등법원 2013.07.18 2013노1225 | 리걸엔진

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(영문) 서울고등법원 2013.07.18 2013노1225

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant did not have suffered any injury in the course of rape against the victim D, and did not assault or inflict any injury on the victim G who is the mother of the victim.

B. The punishment imposed by the lower court on the Defendant (the imprisonment of eight years, forfeiture No. 1, completion of 40 hours in sexual assault treatment programs, and 10 years in the disclosure of personal information) is unfairly heavy, and there are special circumstances in which the Defendant should not disclose and notify personal information to the public.

2. Determination

A. Based on the evidence duly adopted and examined, the lower court acknowledged the following facts: (a) based on the fact that the Defendant invadedd the victim’s residence D, which the Defendant returned to Korea, and led to rape after suppressing the victim’s resistance; and (b) during that process, the victim F and the mother victim G were found to have inflicted the injury on the victim; and (c) caused the injury by assaulting the said victims by assaulting the victim, which is a deadly weapon prepared in advance, by finding the victim F and the mother victim G.

Examining the above fact-finding of the court below in comparison with the evidence, the judgment is just and acceptable. In particular, in the case of victim D, the above victim stated that "the husband was her husband who left the house and left the house was her husband at the apartment complex" in the process of preparing the protocol of statement by the police (the investigation record 16 pages) and the defendant stated that "the defendant was her husband who was her mother in the process of preparing the protocol of interrogation of suspect to the prosecution," and that "the defendant was her husband who was her mother in the apartment complex (the investigation record 64 pages, 70 pages)." In light of the fact that the defendant stated that the above victim was her mother who was her mother in the apartment complex (the investigation record 64 pages, and 60 pages), it is difficult to view that the injury suffered by the above victim was caused by a fighting with the husband in the state of her mother,

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