logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.09.20 2018노1347 (1)
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, along with the victim, did not intrude into the victim’s residence against the victim’s will while drinking alcohol and drinking the victim, and naturally entering the victim’s residence.

B) The Defendant did not have committed violence or intimidation against the victim, and cannot be deemed to have exercised the Defendant’s tangible power to the extent that the victim’s resistance is prevented or remarkably difficult.

C) Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. 1) Determination on the Defendant’s misunderstanding of the facts, etc. as to the establishment of a residential intrusion 1) The Defendant argued to the same effect as otherwise alleged in the above facts, and the lower court rejected the judgment on the above assertion in detail.

The circumstances acknowledged by the evidence duly adopted and examined by the court below in light of the circumstances revealed by the court below, i.e., the victim consistently continued in the investigative agency and the court of the court of the court below to mean that "the defendant would take the victim after drinking together, and went ahead of the victim's house." The victim continued to go first in the future of the defendant's house even though he stated that "the defendant will be able to come up with the victim" over several times.

From the first floor of the building to the front of the entrance, the defendant continued to read the "Isra" from the front of the entrance.

The defendant, "to report entry into the house" in the front door, is found to have a secret number of the front door, open the door door and close the door, and the defendant is flick with the front door in his hand and is flick.

“The present door has been opened and entered into the door.”

"............."

arrow