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(영문) 대전고등법원 2014.09.26 2014노197

강간상해등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

B. The sentencing of the lower court (five years of imprisonment, seven years of disclosure and notification of personal information, and ten years of an order to attach an electronic device) is too unreasonable.

B. In light of the prosecutor’s (i) mistake of facts in light of the victim’s statement and the defendant’s statement, it can be deemed that the defendant proposed that the victim would pay the time fee to the victim, and that the victim’s panty is already out of the hospital before the victim arrives at the hospital, and thus, it cannot be deemed that the defendant was out of the victim’s panty between the victim’s panty after the victim assaulted the victim in sing the hospital and the victim lost his mind, and that the defendant’s continuing to find out the victim who was hidden in singing out of the singing after the victim singinging the victim in singing out of singinging, it is difficult to view the victim as an action to leave the hospital, and rather, it appears that the defendant tried to rape the victim as the victim’s criminal intent of rape.

Nevertheless, the judgment of the court below which acquitted the defendant of this part of the facts charged on the ground that it cannot be deemed that there was no reasonable doubt as to the fact that the defendant had a criminal intent to commit rape at the time when the defendant waits for the victim.

【The sentencing of the lower court on the ground that the sentencing of an unreasonable sentencing is too unjustifiable.

2. Determination on the grounds for appeal

A. According to the record as to the part of the Defendant’s case, the Defendant is deemed to have been under the influence of alcohol at the time of committing the instant crime, but the circumstances leading to the instant crime, the means and method of committing the instant crime, and before and after the instant crime.