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(영문) 대전고등법원(청주) 2020.10.29 2020노114

강간치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the victim’s specific and consistent statement about the occurrence of rape and the misapprehension of legal principles, the court below erred in the misapprehension of legal principles and misapprehension of legal principles, even though the facts charged in this case are found guilty of committing the crime causing rape.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. On January 22, 2019, the summary of the facts charged in the instant case is as follows: (a) around 16:30 on January 22, 2019, the Defendant entered a customer with drinking alcohol in Cheongju-si-si B; (b) the victim C (the victim was 60 years of age, “I do not want to kill her,” but the victim was “I do not want to die her,” and (c) the tobacco but spacks the cigarette spack on the floor, and “I want to die her, I want to die her,” and (d) the victim was laid off with his cell phone to report 112 of the mobile phone.

The Defendant continued to feel sexual impulses between the victims, had the victim scam in mind to rape, and scam the victim’s scam by hand, scam the scam below the victim’s scam, scambling the victim’s scam, kne and knee with scambling, cutting off the arms, suppressing the chest, scam the victim’s scam, cutting off the scam, and rape the victim, but the victim tried to scam off and rape the victim, but the victim was "scam", "scam and scam," and again, scam the victim’s scam by hand.

At the same time, male customers who are not allowed to open a entrance and leave the entrance, but the defendant tried to open a entrance that occurs on the job and get out of the entrance.