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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.05.16 2019노90
강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant attempted to commit a sexual intercourse with the victim, such as misunderstanding of facts, the Defendant was guilty of the facts charged in the instant case on the ground of the victim’s statement, etc., on the ground that the victim’s chest was prompted or did not contain his sexual organ or fingers on the part of the victim, the lower court convicted him of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentencing is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness being sworn in the presence of a judge, and the penology of the statement, and the fact that the statement made by the victim, etc. is mutually consistent and consistent with the facts charged, the court shall not dismiss the statement without permission, unless there is any separate reliable evidence to deem that the statement made by the victim, etc. conforms to the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, the court below rejected the judgment of the court below without permission, 208 (see, e.g., Supreme Court Decision 2007Do2631, Feb. 28, 2012).

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