(영문) 서울고등법원 2018.06.12 2017노3305 | 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 2018.06.12 2017노3305

강간

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have sexual intercourse with the victim, and did not attempt to have sexual intercourse with the victim by force.

The statement of the victim that the defendant has raped the victim is not reliable in light of the time of the complaint, circumstances at the time of the crime, etc.

Unlike the above, the court below erred by misapprehending the fact that the victim believed the victim's statement and convicted him of the facts charged, or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The sentence of the lower court (the imprisonment of three years, and the completion of 80 hours for sexual assault treatment programs) that is unreasonable in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the lower court and the appellate court as to the assertion of misunderstanding of facts or misapprehension of legal doctrine, the following facts or circumstances may be acknowledged, and considering these facts acknowledged, the facts charged that the Defendant raped the victim is proven without reasonable doubt, and thus, the Defendant’s assertion on this part is not accepted.

1) The victim’s statement in the court below is dnick together with H in the victim’s house (G) by drinking alcohol together with the Defendant and G.

H must go to Seoul, return to 03:00 G W W, and G is hard to drink alcohol.

At the same time, she diversed in the bed.

The defendant tried to have a music talk with the victim and to fit himself for the victim.

The victim was in excess of the victim's response.

The defendant shall go to go to a toilet while being in a yellow situation.

“ ......................”

At that time, the victim was able to take part in the beds where G is enjoyed, considering that “if there are several persons, the victim shall be aware of the person to whom the victim would suffer.”

The defendant went back from the toilet to the body of G, which goes up to the right angle between the victim and G.

In addition, G made it possible for G to do so by mixing fakes "" and get back to the bed.

r. r.

유사 판례

-서울고등법원 2018.12.06 2018노1748

-서울고등법원 2019.01.17 2018노2474

-광주지방법원 2017.05.12 2016고단5252

-대구고등법원 2018.01.11 2017노533

-서울고등법원 2018.08.23 2018노982