logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.04.14 2016노3536
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. In relation to rape 1, the Defendant was able to agree with the victim F (a false name) within the vehicle at the time and did not have a sexual intercourse. However, there was no fact that the said victim was raped by force.

However, the lower court found the Defendant guilty of this part of the facts charged by reliance on the victim’s statement without credibility.

2) As to the act of injury, the Defendant only expressed a desire to the victim J at the time, and did not commit assault and injure the said victim.

However, the court below found the victim guilty of this part of the charges by reliance on the statements made by the victim in contradiction.

B. The punishment of the lower court (three years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1) The lower court’s determination on the charge of rape is acceptable in full view of the following circumstances acknowledged by evidence duly admitted and investigated, and the credibility of the statement made by the victim F can be acknowledged, and the Defendant may be recognized as having raped the said victim:

On the other hand, this part of the facts charged is found guilty.

① The above victim was at the investigative agency and the court of the court below’s decision that “I am in the future of an apartment by drinking, and return to the next apartment, I am in the way of the Defendant, who reads “I am in the way of illumination, I am in the way of the death. I am in the front. I am in the front.”

Although the Defendant lost his mind in the car, he was strokeed by a stroke who was stroke, and then was strokeed by the first strokeer, and the Defendant was strokeed by his body, and was forced to put his sexual organ into force even though he was called “the scoke.”

On the other hand, in the vehicle, there was a request for a report as a guard room which can be seen as light, which is hidden from the escape and swimming.

“Modernity” is a major fact of damage to the extent of this Act.

arrow