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(영문) 대전고등법원 2013.10.30 2013노274

강간치상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

For a period of 10 years, the information on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The part concerning the crime of violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, an injury), and violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.) and the person who requested an attachment order (hereinafter referred to as

(2) The crime of injury resulting from rape is limited to the act of sexual intercourse with the victim under agreement with the victim, and there is no fact that the victim assaulted the victim with a view to assaulting him/her, or threatened him/her with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife.

B. The lower court’s sentencing (one hundred years of imprisonment, ten years of disclosure and notification order, and twenty years of attachment order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. At around 06:00 on August 10, 201, the summary of the charges of violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) and violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), the Defendant found the Defendant guilty of this part of the charges of the lower judgment by comprehensively taking account of the following circumstances: (a) before the second floor of "Dpenta" operated by the Defendant’s parent of the Defendant, who was in Boan-si City, under Boan City City, for drinking alcohol, and for the victim E (25 years old); (b) at the night room (87 m in length) the head of the victim, who was a dangerous object without any reason; and (c) the Defendant made two times a statement on the same part of the charges of this case under consideration of the following circumstances: (d) the lower court’s summary of the charges of this case and the Defendant’s summary 2.