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(영문) 부산고등법원 2014.10.15 2014노450

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of rape in the absence of a misunderstanding of facts and a misunderstanding of legal principles only when the defendant has a sexual intercourse under an agreement with the victim, and there is an error of misconception of facts and affecting the conclusion of the judgment.

B. The Defendant’s imprisonment (two years of imprisonment, four years of suspension of execution, probation, social service, 80 hours, and 40 hours of course in sexual assault treatment and violent therapy) is too unreasonable. The Defendant’s imprisonment (two-years of imprisonment, four years of probation, 80 hours of probation, 40 hours of community service, and 40 hours of course in sexual assault treatment. The

2. Determination

A. The lower court determined the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine: ① the conflict between the Defendant and the Victim was deepened, and the Defendant was satisfying with the Victim on November 1, 2013 through December 12, 2013, when the conflict between the Defendant and the Victim was in progress with the Victim; ② the Defendant appeared to be a complex appraisal against the Victim; ② the Defendant found the Victim’s house to confirm the reasons for the victim’s separate notification; ② the victim’s speech that the victim was satisfying with the Defendant’s house, and the victim’s expression that the victim was satisfyed with the Defendant’s house, and the victim’s house was satisfying with another person, and as a result, the Defendant was satisfying with the Defendant’s house with the Defendant’s house, and the Defendant’s body was satisfying with the Defendant’s body, which is a strong 158cm body of the Defendant and 7m.