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(영문) 광주고등법원 2018.02.08 2017노460
강간등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

Punishment A shall be determined by imprisonment with prison labor for one year and six months.

Reasons

1. Judgment on the prosecutor's assertion of misunderstanding the facts (Defendant B's acquittal part)

A. According to the evidence presented, even if this part of the facts charged as to indecent acts by force on duty is proved, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts.

B. The lower court recognized the circumstances as indicated in its reasoning by comprehensively taking account of the adopted evidence, and based on this, proved that this part of the facts charged is beyond reasonable doubt.

It is difficult to see

The Court rendered a not-guilty verdict.

Examining the various circumstances cited by the lower court in a thorough and consistent manner with the record, there is no reasonable circumstance to deem that the lower court’s determination of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is significantly unfair due to the violation of logical and empirical rules.

We do not accept the Prosecutor’s assertion that the lower judgment erred by mistake in fact on the premise different from this premise.

2. When the court rendered a judgment as to the unjust argument of sentencing by both parties against Defendant A, the defendant has led to the confession of the entire crime of this case, and the victim does not want the punishment against the defendant by mutual consent with the defendant.

These circumstances are the sentencing factors to be newly considered for the defendant.

In addition, there is no record of crime against the defendant, and even if the defendant resigned from the company due to the crime of this case, the circumstances should be considered for the defendant.

In full view of these circumstances, the sentencing of the lower court is too excessive compared to the liability of the Defendant, even though considering the fact that the Defendant is disadvantageous to the Defendant among the various sentencing factors that the lower court rendered and the circumstances the Prosecutor claims on the grounds of appeal, considering the following factors: the Defendant’s environment, sex, motive and means of the crime, and the circumstances after the crime.

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