beta
(영문) 광주고등법원 2013.04.11 2012노528

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. (1) On April 2010, when the victim of larceny, violation of the Specialized Credit Financial Business Act, and fraud part is required for the Defendant, the Defendant only used a credit card while gling the credit card to make a gift to the victim, and did not use the credit card by thefting the victim’s credit card.

(2) Although the part of violence and rape was claimed on July 26, 201, around 12:00, 201, the fact that the victim did not do so by cutting the neck of the victim, or by breaking the shield, did not constitute assaulting the victim, and the victim was scambling in Schlage and scambling the victim in order to compromise with the victim and scambling the victim, and did not rape the victim.

(3) On June 22, 2012, the Defendant did not at all think that 303 of the F building was the victim’s house, and did not think that 303 of the F building was the victim’s house, and did not enter another’s house. There was no fact that the Defendant stolen 18K Frangs or the victim’s anti-salerts owned by the victim’s friendship.

(4) On July 4, 2012, the Defendant considered and entered the F building 303 on July 4, 2012 as one’s house, and there is no fact that the Defendant threatened the victim with excessive or food, or carried the victim’s neck with drinking.

당시 피고인은 피해자를 만나 용서를 구하였으나, 피해자는 이를 받아들이지 않은 채 피고인에게 가스총을 쏴서 피고인은 순간 당황하여 피해자의 왼쪽 팔을 물었던 것이며, 이러한 과정에서 피해자는 집을 나가 계단으로 내려가던 중 넘어져 갈비뼈 골절상을 입었던 것이다.

There is no fact that the defendant steals with a 100,000 won in cash on the same day and steals the cell phone of the victim.

The defendant shall operate a k5 car registered in the name of his mother.