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(영문) 대구고등법원 2016.06.02 2016노63

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for six years;

3. Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental or physical weakness was under the influence of alcohol at the time of committing a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) (hereinafter “instant sexual crime”).

B. The punishment of the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. We examine the reasoning of the Defendant’s appeal ex officio.