(영문) 광주고등법원 2015.05.28 2015노190 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2015.05.28 2015노190

강간미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the assertion of misunderstanding of facts (the attempted rape), it is recognized that at the time of the instant case, the Defendant used the victim’s assault, saying, “she is off his clothes,” and continued to have both arms taken on the part of the victim’s ship, with his/her head left hand on the part of the victim’s ship, and prevented him/her from driving on the part of the victim’s bridge, and that the victim’s panty panty panty spanty spanty spanty ties

According to the above facts, it is evident that the defendant had a criminal intent to commit rape at the time of the instant case.

Nevertheless, the lower court acquitted the Defendant on the charge of attempted rape among the facts charged of the instant case on the ground that the Defendant merely contacted the victim’s part in the process of fighting with the victim’s body, and there is no evidence supporting the fact that the Defendant had limited the victim’s part with the intent to rape or commit an indecent act.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

B. The lower court’s sentence on the assertion of unfair sentencing (two years of imprisonment with labor for a ten-month grace period) is too unjustifiable and unreasonable.

2. Determination

A. On September 28, 2014, the summary of the facts charged is as follows: (a) the Defendant: (b) committed rape in the Defendant’s residence in Seo-gu, Seo-gu, Seo-gu, 100 on September 28, 2014; (c) committed rape; (d) obstructed the victim’s body; and (e) obstructed the victim’s body from cutting off and cutting down his arms; (d) forced the victim to cut off his panty; and (e) attempted to rape continuously; (e) however, the Defendant did not resist and resist his body while going against, and did not commit rape. (b) The lower court’s judgment based on evidence adopted and investigated by the lower court; and (e) the Defendant her body from 10:0 to 140:140 on September 28, 2014 to 140 on the part of the victim and the Defendant’s body with the victim’s fighting.

유사 판례

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