logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2019.10.02 2019노138
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a year of imprisonment) is too unreasonable.

(b) Prosecutors;

A. The fact that the defendant gets off the victim's hand and went to the court is not the core of the case, and the victim is not the victim's secret. The victim is secret, the defendant was exempted from the victim's secret and the defendant was forced from the victim's secret, the defendant was stated consistently as to the fact that the defendant was inserted into the victim's chest, and the victim stated that the defendant was not memory against the victim's will, although five years have passed since the date of the occurrence of the case, the victim stated that he was exempted from the victim's secret and the victim did not have credibility in the statement because it was not the victim's partial memory. As to the part in which the victim expressed his intention of refusal against the defendant, it cannot be viewed that the defendant was forced to go off the victim's clothes because of the main contents of the statement, AB received the victim's secret from the court of the court of original instance and made a statement unfavorable to the defendant in the police branch, but it is also difficult to accept the defendant's credibility and credibility in the agreement between the victim and the defendant's oral statement.

Nevertheless, the judgment of the court below which acquitted the defendant by rejecting the credibility of the victim's statement consistent with the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence is too unjustifiable and unreasonable.

2. Determination

(a)a prosecutor;

arrow