성폭력범죄의처벌등에관한특례법위반(강간등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In the event of misunderstanding of facts or misunderstanding of legal principles as to the criminal intent of rape, such as the instant case, whether the Defendant had the criminal intent to commit rape, and whether the crime was committed by indecent act by compulsion, or whether the Defendant had the criminal intent to commit rape, ought to be inferred through the Defendant’s situation before and after the commission of the crime, method of the crime, place of the crime, etc.
The victim, however, demanded "the defendant to do sexual traffic," which he refused to do so by "the defendant himself," and began to do violence with his wall, such as cutting off his panty and pursuant to the panty, cutting off the panty and pursuant to the scam, cutting off the scam and scam, cutting down the scam and scam and scambling him, and 'bruedly', and discarded the death.
'My sound'
It is consistently stated from investigative agencies to the court of original trial.
In full view of these circumstances and relevant legal principles, it can be sufficiently recognized that the defendant had the intention to commit rape at the time of the crime of this case.
Nevertheless, the lower court erred by misapprehending the legal doctrine on the criminal intent of rape, which affected the conclusion of the judgment, on the grounds that there is insufficient evidence to acknowledge that the Defendant had an intent to rape beyond the intent of indecent act by compulsion at the time of the instant crime.
(2) At the time of the crime of mistake of facts or misapprehension of legal principles concerning mental and physical illness, the defendant was merely a brue of the 2 to 3 illness of the brue, proposed sexual traffic first to the flue of the brue, made an explicit bath to the brue of the brue. The brue of the brue of the brue of the brue of the brue of the brue and the brue of the brue of the brue, followed by the brue of the brue of the brue of the brue,