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(영문) 대전고등법원 (청주) 2020.03.26 2019노239

준강간등

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.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant assaulted the victim for a considerable period of time, and even after the suspension of the assault, the victim was able to take part in his body for a long time, and the victim continued to have been suffering from his body at the time of the sex relationship, so the Defendant is recognized as having the intention of quasi-rape to commit sexual intercourse with the victim aware that the victim was not in a state of non-rape, and thus, the Defendant was sufficiently aware that the victim was not in a normal state. Nevertheless, the lower court acquitted the Defendant on the charge of quasi-rape by deeming that the Defendant did not have the intention of quasi-rape. Accordingly, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment of the lower court on the grounds of an unreasonable sentencing (two years of imprisonment).

B. The lower court’s sentence is too unreasonable as the Defendant (e.g., the Defendant’s punishment) is too unreasonable.

2. Determination

A. On December 8, 2018, the summary of this part of the facts charged is that the Defendant assaulted the victim at the Defendant’s residence on or around 16:00 on December 16, 2018, and demanded that the victim “I am locked. I am off. I am off the clothes in the right side and cut off from the room room. I am me off. I am me. I am. I am am. I am. I am. I am am. I am. I am. I am down from the room floor after the Defendant was locked. I am. I am. I am. I am am. I am on the same day. I am am. I am am. I am. I am. I am. I am. am. I do not am. I am. am. I am. am. I do not do so. I do not do so.).