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(영문) 수원고등법원 2019.06.13 2019노20

강간상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact-finding and misunderstanding of legal principles (not guilty part in the grounds) that the defendant was found to have committed rape on the part of the defendant at the time of the crime of this case, taking into account the following facts: (a) the fact that the defendant was found to have been guilty of rape at the time of the crime of this case, taking into account the fact that he was placed on the part of the victim by drawing the victim into the her beds, and forced the victim to go off; (b) the defendant was exempted from the victim's body at the time of the crime; and (c) the defendant was on the premise that the defendant went into the her part at the time of the crime of this case; (d) the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the defendant guilty of the injury resulting from rape by force; (b) the punishment (two years and six months of imprisonment, probation three years of imprisonment, and forty

B. The punishment sentenced by the lower court is too unreasonable.

2. Determination

A. Judgment on the Prosecutor’s misunderstanding of facts 1) Summary of the facts charged is the first gap between the Defendant and the Victim B (A, 23 years of age and C).

At around 06:10 on August 30, 2018, the Defendant: (a) 06:10, while drinking alcohol together with the victim, she was laid down on the part of the victim, she was forced to get off the victim’s fingers; (b) she took off the victim’s fingers by force; and (c) she took off the victim’s shoulders by force; (d) she she she she took a bath to “Ispaths”; and (e) tried to have sexual intercourse by getting off the victim’s slabs while she drawn up the victim.

The defendant continued to catch the defendant's hand from the bed and come from the bed of the defendant's bed, and the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife kn