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(영문) 대전고등법원 (청주) 2018.06.07 2017노201

강간치상

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statement of “defense counsel’s written opinion” filed on April 4, 2018 after the lapse of the period for filing the Defendant’s appeal is considered to the extent that it supplements the grounds for appeal.

1) At the time of misunderstanding of facts, the Defendant attempted to inserting the Defendant’s sexual organ into the victim’s sexual organ at the time of the victim’s sexual organ, but failed to inserting the Defendant’s sexual organ due to the victim’s serious resistance and failed to do so.

Nevertheless, the court below determined that the victim's statement without credibility reached the conclusion of the crime of rape based on the victim's statement. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

B. Prosecutor 1) The victim misunderstanding the facts or misunderstanding the legal principles

It is difficult to view it.

Even if so, bucks, bucks, and bucks suffered injuries, and such injuries constitute injury resulting from rape.

Nevertheless, the lower court did not constitute the crime of bodily injury resulting from rape on the sole basis of such circumstances as above.

The judgment of the court below acquitted the bodily injury resulting from rape. The judgment below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. Judgment 1 on the Defendant’s assertion of mistake as to the Defendant’s fact-finding 1) The Defendant asserted to the above purport, and the lower court rejected the Defendant’s assertion on the following grounds: (a) determined that the Defendant inserted the Defendant’s sexual organ into the victim’s sexual organ to have reached the conclusion of the crime of rape.

(1) From the time of the submission of the written complaint, the victim has consistently been raped by the Defendant and the Defendant’s sexual intercourse.