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(영문) 서울고등법원 2015.05.21 2015노423
유사강간상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts does not constitute a similar rape of the victim H.

(2) The sentence imposed by the lower court on Defendant A (five years of imprisonment) is too unreasonable.

B. B Punishments (fine 20 million won) imposed by the lower court on Defendant B are too unreasonable.

2. Determination

A. In full view of the following circumstances, which can be recognized by the lower court and the first instance court’s duly adopted and investigated as to the determination of the Defendant A’s assertion of misunderstanding of facts, the fact that the Defendant A committed similar rape can be sufficiently recognized.

Therefore, this part of Defendant A’s assertion is without merit.

① The victim H consistently stated from an investigative agency to this court that “Defendant A puts his fingers inside the victim’s resistance, and puts his sexual organ in the victim’s drafting.”

The victim H’s statements can be recognized as credibility in light of the following: (a) the details and consistency of the statement, the identity of the victim, and the relationship between the defendant and the victim.

② Defendant A made a confession of this part of the crime at the lower court, and there is no circumstance to deem the confession of the above Defendant as false.

(2) As to the issue of unfair sentencing, Defendant A appears to have committed each of the instant crimes against the victim H under the influence of alcohol.

The amount of damage caused by the crime of attack against victim F is not so big.

However, Defendant A was guilty of a number of criminal offenses and committed each of the crimes of this case without being able to do so even though they were committed for a repeated offense.

The crime of similar rape, injury, etc. in this case led to severe mental suffering, but no measure was taken to recover the damage of the above victim.

The age, character and conduct, environment, etc. of Defendant A.

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