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(영문) 대구고등법원 2013.05.01 2013노51

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In addition, the lower court erred by recognizing the carrying of a deadly weapon based on the victim’s statement without credibility, inasmuch as the Defendant, after raped the victim and knife the victim’s knife in order to let the knife the knife the knife, and in addition, the degree of the victim’s injury is extremely minor and thus, cannot be deemed as an injury caused by a sexual crime.

B. The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below and the court below, the victim's statement and the court of first instance as to the assertion of mistake of facts, the victim stated to the effect that ① after the victim started studio of the defendant on the day of this case, the victim reported it to the police, and the police at the 2nd Dong office, which is the place where the report was made, "I am scam scam by Internet scam and scam scam scams scams scams scams scams scams." (Evidence record 10 scams scams scamscams) and ② after the police investigation, the defendant scams scams scams and scams scams scams scams scams scams scams scams, and again he scam off the defendant and scam.