(영문) 광주고등법원 2013.08.01 2013노192 | 리걸엔진

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(영문) 광주고등법원 2013.08.01 2013노192

성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

For a period of 10 years, the information about the defendant.

Reasons

1. Summary of the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”);

A. The court below erred in finding the Defendant guilty of this part of the facts charged, although the Defendant did not have sexual intercourse with the victim E on March 5, 2010.

B. The lower court’s sentence of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the evidence submitted by the prosecutor alone is sufficient to support the Defendant’s 2010.

3.5. It is insufficient to recognize that the victim E had sexual intercourse, and the court below found the defendant guilty of this part without any other evidence to acknowledge it. Thus, the above argument by the defendant is with merit.

① The Defendant, at an investigative agency, did not commit the crime of March 5, 2010 in the first instance court to the effect that “a crime of another temporary crime against a victim was recognized, but did not know whether he/she was on the date or rape, and the frequency of rape was not accurate at least three times.” The lower court did not commit the crime of March 5, 2010 in the first instance.”

Although the statement was different from the content of the statement, it seems to be consistent with the fact that the defendant did not commit the crime from the investigation agency on March 5, 2010 to the trial.

② According to the video recordings recorded by the victim’s statement, the victim shall be asked to the victim at the time when the victim made the statement concerning the frequency of rape, the frequency of the statement changes, and the investigator’s date and time of the indecent act by compulsion.

3.3.(Demand) shall not be effective.

In other words, the Friday is required.

유사 판례

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-서울남부지방법원 2016.08.26 2015나59301

-대구지방법원 2013.07.11 2012고단6277

-광주고등법원 2013.06.13 2012노513

-광주고등법원(전주) 2020.09.25 2020노131