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(영문) 대전고등법원 (청주) 2019.09.26 2019노125

준유사강간

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is under the influence of alcohol, and there was only a fact that the victim was aware of the victim’s state of her state of luxiness, and there was no fact that the victim’s state of her state of luxiness was inserted, and there was no intention to commit an indecent act against the victim. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment, one order to complete a program) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, and the lower court rejected the Defendant’s assertion on the ground that the Defendant could have intentionally inserted the victim’s negative impact on the part of the victim, as stated in the facts charged, according to the following circumstances acknowledged by the evidence duly admitted and investigated.

(1) The aggrieved person has made a concrete statement at an investigative agency as follows, and there is no reasonable or contradictory part of the statement in light of the empirical rule, or there is no other evidence to suspect the credibility of the statement.

The victim had visited the Defendant’s wife along with his birth on the day of the instant case. However, the victim saw that the victim’s body was frightened after drinking the body of the Defendant. The victim embling the body of the victim’s body, embling the body of the body of the victim, and embling the body of the body of the victim, embling the body of the body of the victim, making the body of the body of the victim’s body of the body of the body of the victim, and embling the body of the victim

As we look at the snow, the defendant was able to sit like the "bridge", and the defendant was able to fill the arms in this fluor, and the part of the victim was fluor.

The Defendant got away from the house after deducting the Defendant’s grandchildren from the negative part of the victim and the eye of the marina.

(2) The defendant has the honor to do an indecent act in an investigative agency by inserting his/her fingers into his/her negative book," and "the victim's words".