성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a period of two years and six months, and by imprisonment with labor for a period of ten months.
The summary of the grounds for appeal is as follows: (a) Defendant A’s mistake of the facts or misapprehension of the legal principles; (b) the victim G (hereinafter “victim 1”) who was inflicted by the Defendant on the part of the Maurbel room where the Defendant entered the Maurbel room; (c) the Defendant made the same words as “A” and “Smbling”; and (d) the Defendant was aware of the Defendant’s arrival of the victim as the Defendant on the part of the Mabel; and (e) whether the Defendant returned to smoking.
In mind of being asked "the victim", the victim 1 responded to "the case" and then became a sexual relationship with the victim 1 in the second part of the victim 1.
After sexual intercourse, the victim 1 considered the face of the defendant, and took a bedclothes as "after whou", and the defendant fleded in the Mosel.
Therefore, at the time of sexual intercourse with the defendant, the victim 1 was not in a state of loss of mental or physical disability or resistance which was under the influence of alcohol at the time of the sexual intercourse with the defendant.
The punishment of the lower court (the imprisonment of four years, the completion of 40 hours of sexual assault treatment programs) is too unreasonable.
Defendant
B(unfair sentencing) The sentence of the lower court (one year and six months of imprisonment, and forty hours of sexual assault treatment programs) is too unreasonable.
On December 18, 2016, the summary of this part of the facts charged against Defendant A’s assertion of misunderstanding of facts or misapprehension of the legal doctrine on the grounds for appeal, the Defendant entered the Ielel 407 located in Mapo-gu Seoul Metropolitan Government, along with the victim of Russia, who was aware of at around 05:00 on December 18, 2016, with the victim of Russia, who is a national female of Mapo-gu.
It means that Russia has a sexual intercourse with her arm's length in the televersing, and the defendant will do so even.
The defendant was informed of the Manobel address by stating that he was unable to find out.
At around 06:33 on the same day, the Defendant, without correcting the door 407 above 06:407 on the same day, sticked to knife the key to knife, and met the Defendant before the knife.
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