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(영문) 서울고등법원 2019.01.15 2018노3070

성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles in this case were charged with a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but the victim submitted a petition during the trial at the original trial at the court below, and the court of the original instance permitted the application by the public trial prosecutor for permission of changes to a bill of indictment as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and additionally submitted and adopted evidence, such as a copy of mandatory records or a certificate of diagnosis on the trial date. However, the victim was only issued a diagnosis based on the victim's unilateral statement after two weeks of the occurrence of this case and did not receive a separate treatment with regard to simple self-definites, cinites, and tensions and tensions. Such injuries are naturally cured without any need for separate treatment and do not interfere with daily life, and thus, cannot be viewed as injury from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below on the defendant is too unfasible.

2. Determination

A. Determination on the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal doctrine, etc.