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(영문) 부산고등법원 2020.10.14 2020노249

강간상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. A summary of the judgment of the court below 1) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

A) The Defendant was indicted for two cases as follows: ① (a) the Defendant was indicted for 1 year in singing the victim D (one-year life, five-one-year old-old-old-old-old-year-old-old-old-old-old-old-sing-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-----------------------------------------------------------------------------------------------------

B. The summary of the grounds of appeal 1) In relation to mistake of facts or misapprehension of legal principles, the Defendant did not rape the victim (which did not inserted the Defendant’s sexual organ into the victim’s negative part) and did not cause any injury to the victim in the process, and the Defendant was able to find out the body of the victim.