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(영문) 광주고등법원 (전주) 2015.02.03 2014노305

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the judgment of this case.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year and six months, etc.) by the lower court is too unreasonable.

B. In full view of all the evidence, including the statements in the investigation agency of the victim of mistake of facts and in the court of the court below, the court below erred by misapprehending the facts and not guilty, thereby affecting the conclusion of the judgment. 2) The sentence of the court below on the grounds that the sentence of unfair sentencing is too uneasible and unfair.

2. Determination:

A. As to the prosecutor's assertion of mistake of facts in the facts charged in this case, the summary of the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in this case is as follows: (a) the defendant threatened the victim with excessive materials, etc., which are dangerous objects as stated in the facts charged in the judgment of the court below, and inflicted bodily injury on the victim several times; and (b) thereby, the defendant has sexual intercourse with the victim and raped the victim with dangerous objects, taking advantage of the victim's state of difficulty to resisting the victim who was extremely frighten, and thus, he had his children resisted with the victim, taking into account the evidence examined in the trial process of the court below, and (c) the defendant lived with the victim from around 208 to 2010, and continued contact with the victim and continued to contact with the victim, and had the victim enter his sexual intercourse only once to 12 weeks prior to the occurrence of the crime in this case, and (c) the defendant and the victim transferred his sexual intercourse with the defendant.