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(영문) 광주고등법원 (전주) 2020.06.05 2020노26

강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the gist of the grounds for appeal in the appellate brief clearly stated in the part on “the grounds for appeal” as the grounds for appeal, but later, Defendant 1 alleged in the item “(b) that the nature of the crime is heavy or highly likely to be subject to criticism compared to other cases” on the day of the instant case, including the background leading up to the victim’s studio on the day of the instant case, the developments leading up to the instant assault, the time interval between 30 minutes after the assault, and the circumstances after the sex relationship, and the contents of oral argument made by the counsel on the first day of the instant court, the only ground for appeal is the grounds for appeal. However, in fact, the Defendant still denied the rape crime as in the lower court’s grounds for appeal, and thus, it is determined by deeming that there was no assertion of mistake of facts, and even if the victim did not have agreed to such rape relation, it is difficult to see that there was no sufficient causal relation between the victim and the victim’s sexual intercourse (a).

(B) The lower court’s punishment of unfair sentencing (two years of imprisonment, three years of suspended execution) and incidental disposition (40 hours of sexual assault treatment lectures, three years of restriction on employment, and personal information registration are too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. Determination of the lower court on the Defendant’s assertion of mistake of facts