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(영문) 대전고등법원 (청주) 2018.07.12 2018노10

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime committed on June 23, 2016 against the victim D, Q, R, S, F, E, and V by mistake of facts or legal principles and the crime committed on June 23, 2016 against the victim T (the named “the victim”), the said victims did not have administered ethyl lux (hereinafter “the above victims”) containing ethyl ingredients by stroke m, and by agreement, the victims did not rape.

With respect to the crime against the victim T on November 14, 2016 and the crime against the victim G, the fact that the above victims administered a small dose by the strokem cannot be deemed to have reached the assault of the crime of rape, and the crime of rape is not established since the agreement was reached.

With respect to each of the crimes against L,O, and U, there is no fact that the victims have administered the more, and there is no fact that they attempted to rape.

Nevertheless, the judgment of the court below which convicted all of the facts charged is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court (a punishment of imprisonment with prison labor for 13 years, order to complete 80 hours, and disclosure and notification of personal information between 10 years) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the lower court did not accept the Defendant’s assertion on the grounds that “The Defendant, considering the following circumstances, can sufficiently recognize the Defendant’s attempted rape or rape of the victims, who were in an impossible state of resistance after administering a stroke-mm, which is a local mental medicine, to the victims.”

A) A stroke-mm is an abnormal accident and behavior change, etc. at the same time, which is a 10m or more per day recommended for adults, with rapid development and rapid development of the stroke-m.

In other words, the so-called water surface driving, which is unable to memory even though it is not completely broken after the use of water exemption.