(영문) 서울고등법원 2016.04.21 2015노2651 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.04.21 2015노2651

강간미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant was not guilty of attempted sexual intercourse by forcing the victim to commit an indecent act or attempted sexual intercourse, the court below convicted all the facts charged of this case on the basis of the victim's statement without credibility. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below and the court below's decision as to the assertion of facts, i.e., the following circumstances: (i) the victim did not agree to the defendant's physical body or sexual intercourse in the investigative agency and the court below; (ii) the defendant forced the victim's chest, forced the victim's chest, and collected the victim's finger, thereby making the victim's finger, and resisting the victim's finger with two fingers; (iii) while the victim boomed the defendant's hand or pushed the defendant's shoulder, the victim tried to put his sexual organ into the part of the victim's body after taking the part of the victim's body, and the victim was in the pent at the time of the instant case.

G and H’s statement to the effect that it was later recognized that the Defendant was not the first one, and that the Defendant was at the time of the instant case.

G, H, and J also stated in the investigative agency, the lower court, and the first instance court to the effect that the damage was inflicted on the injured party immediately after the instant crime, and that H and the injured party did so by making a statement to the effect that the injured party did not want the injured party when the injured party was the victim, and that it corresponds to the statement of the injured party. ③ Defendant also was the victim of sexual assault at the investigative agency.

The defendant said that he was not able to do so, and the defendant was assaulted for about 10 minutes from H, and committed with the victim.

유사 판례

-수원지방법원 2018.11.29 2018노6155

-서울고등법원 2018.12.06 2018노2344

-서울고등법원 2020.08.07 2020노325

-서울북부지방법원 2017.05.18 2016노2499

-청주지방법원 2016.04.21 2015노1325