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(영문) 서울고등법원 2013.11.15 2013노1273

준강간치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed for a period of five years.

Reasons

1. Progress of litigation;

A. The lower court found the Defendant guilty of the charge of the injury resulting from quasi-rape in the instant case and sentenced the Defendant to three years and six months of imprisonment.

B. Accordingly, the Defendant appealed on the ground of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, and the court prior to remand determined that there was no proof of a crime regarding the bodily injury from among the facts charged in the instant case on the ground that the injury does not constitute the injury in the crime of quasi-rape. Furthermore, with respect to the crime of quasi-rape, which is a crime subject to victim's complaint, included in the facts charged in the instant case, the Defendant dismissed the public prosecution of the instant case on the ground that

C. A prosecutor filed an appeal against the judgment of the party before remanding the case. The Supreme Court reversed the judgment of the party before remanding the case on the ground that “It is reasonable to deem that the wife suffered by the victim is not likely to cause harm to daily life and only a very minor one that can cause natural therapy within a short period of time,” even though there was no secondary opinion about the body suffered by the victim, it is possible to treat the victim by nature and does not significantly impede his daily life. However, immediately after the crime of this case, the victim diagnosed the victim with dynasium at the time of treating the victim, and prescribed hynasium, and the victim actually was treated by taking advantage of the hynasium, and the victim was treated by taking advantage of the hynasium and taking advantage of the hynasium.”

2. Summary of grounds for appeal;

A. It is difficult to recognize the credibility of the victim's statement concerning the facts charged of this case, such as misconception of facts, is inconsistent with objective circumstances, etc. In addition, the remaining evidence is all the victim's statement.