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(영문) 서울고등법원 2016.06.03 2015노3432
유사강간치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the victim did not commit any similar rape, and the victim’s wife is extremely minor and does not result from the similar rape of the instant case.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the lower court, based on the evidence duly adopted and investigated, comprehensively taking into account the facts and circumstances as indicated in its reasoning, found credibility in the victim’s statement that conforms to this part of the facts charged, thereby sufficiently recognizing the fact that the Defendant raped the victim and inflicted bodily injury on the victim during that process.

The decision was determined.

In full view of the following facts and circumstances acknowledged by evidence duly admitted and investigated by the court below and the court below, it can be sufficiently recognized that the defendant committed a crime as stated in this part of the court below's judgment.

Defendant’s assertion is without merit.

① The lower court acknowledged the credibility of the victim’s statement in full view of the consistent and detailed points of the victim’s statement, the form and attitude of the victim’s statement in the court, the fact that the victim’s bodily examination is consistent with the victim’s statement, the victim’s bodily injury examination also complies with the victim’s statement, and there is no motive to mislead the victim into the fact that sexual assault was damaged,

Even after closely examining the evidence duly adopted and examined by the court below and the trial court, there is no exceptional circumstance where the judgment of the court below that recognized the credibility of the victim's statement in the court below as to the situation of damage in this case is significantly unfair.

(2) The Defendant filed a false complaint by adding approximately two weeks thereafter to the first Defendant in order to have the said Defendant repaid his money efficiently.

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