(영문) 서울고등법원 2020.06.04 2018노3041 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2020.06.04 2018노3041

강간

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victim’s statement concerning the mistake of facts and misapprehension of legal principles as to this part of the facts charged does not clearly specify the Defendant’s act of assault, and its contents are reversed each instance, and its credibility is deteriorated. In addition, the Defendant had sexual intercourse with the victim with the victim with the consent of the victim. Moreover, even if the lower court accepted this and denied the establishment of the crime of rape, it should be included in a natural sexual relation, and it should not be punished for a separate crime. Nevertheless, the lower court convicted the Defendant of this part of the facts charged by misunderstanding of facts or misunderstanding of legal principles. 2) In so doing, the lower court erred by misapprehending the legal doctrine, thereby making it unreasonable.

B. A prosecutor (misunderstanding of facts concerning rape) has made a consistent and consistent statement on the fact that “the defendant, even though he refused to engage in sexual intercourse, has committed sexual intercourse by suppressing his body against him,” and the act of coercing the victim’s body refusing to engage in sexual intercourse by putting the victim’s body constitutes assault of rape itself, and it is sufficiently recognized that the defendant committed rape as stated in the facts charged in the instant case.

Although the Defendant changed to the purport that he had committed an act blicking the victim’s her block and her block with her hand, it is difficult for the Defendant to understand such change in light of the circumstances at the time, including the relationship between the Defendant and the victim.

Nevertheless, the judgment of the court below which acquitted the victim of this part of the facts charged on the ground that it is difficult to view the facts charged by the victim's statement alone as proven without reasonable doubt.

2. We decide on the prosecutor's argument of mistake of facts.

유사 판례

-대구고등법원 2014.01.08 2013노291

-광주고등법원 (전주) 2020.06.05 2020노26

-서울서부지방법원 2020.08.10 2020노53

-부산고등법원 2014.02.06 2013노538

-광주고등법원 2014.06.12 2013노518