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(영문) 서울고등법원 2016.02.04 2015노3064

강간상해등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order are dismissed.

Reasons

Defendant and the person who requested an attachment order (hereinafter referred to as “Defendant”) to misunderstanding the summary of the grounds for appeal are the following facts: (a) although the victim’s necks the victim’s necked, the victim’s necked the victim’s necked, and the victim’s necked the victim’s necked, there was no fact that the victim’s head and face were taken out; and (b) even if the victim did not intend to rape at the time, the court below erred in the misapprehension of facts by misapprehending the facts.

At the time of the instant case, the Defendant was in a state of mental and physical weakness by drinking alcohol.

The punishment sentenced by the court below to the defendant (six years of imprisonment) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the lower court and the first instance court as to the Defendant’s assertion of mistake as to the part of the instant case, the following facts can be acknowledged.

On June 19, 2015, around 07:45, the Defendant first proceeded with the victim on the day of this case from the D convenience store in Gangnam-gu Seoul Metropolitan Government to the Seoul Gangnam-gu F building, the place of this case.

On June 19, 2015, the Defendant boarded the elevator according to the victim boarding the elevator of F building at around 07:50 on June 19, 2015, and only the Defendant was on board the elevator.

The defect that the victim intends to get out of the third floor, and the defendant saw the victim's neck behind the victim's own right after the victim, and see the victim's neck where "I am hyd and sound if I am only without being able to do so."

“The victim was threatened,” and the elevator reached the fourth floor, leading the victim to an emergency stairs between the third and fourth floors, and making the victim's head and face several times in drinking.

From the above emergency stairs, Defendant stated that “I am to be a hotel” to the victim, and actually there is a lodging establishment in the name of “O” on the side of the F building.

The "victim ... to be an O hotel" shall not respond to the end of the defendant in a net order.