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(영문) 대전고등법원 2016.03.11 2015노480

강간치상

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Judgment on the Reasons for Appeal

A. The summary of the grounds for appeal 1) Fact misunderstanding or misunderstanding of the legal principles: The defendant was only sexual intercourse under the agreement with the victim, not rape by suppressing the victim's resistance.

B) Improper sentencing: The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

2) Inspection’s improper sentencing: The lower court’s sentence is too unhued and unreasonable.

B. 1) As to the Defendant’s assertion of mistake or misunderstanding of the legal doctrine, the Defendant asserted the same purport in the lower court.

In regard to this, the court below held that ① the Defendant and the victim came to know through a cell phone display before about 12 days prior to the occurrence of the instant case, and the actual delivery was the first fact at the time of the instant case, ② the victim was 18 years old, the Defendant was 15 years old, ③ the Defendant did not show the victim’s face on his car, and ③ the Defendant would have bench without showing the victim’s face on his car.

At the same time, the defendant was allowed to wear a shot belt prepared in advance, ④ the defendant was killed in front of the E station and parked a vehicle by moving the vehicle to a rare place. ⑤ The defendant was transferred to the back seat to the victim; ⑤ The defendant was sent to the back seat; the victim was kid, kids and kids and brokes were cut to the victim; tyrts and kids were cut to the victim’s chest; ⑥ The victim was flicked with the Defendant’s shoulder, and flicked with the Defendant’s shoulder, and flicked with the victim’s shoulder.

“I” and continued to refuse to do so, and that I do not refuse to do so by putting the Defendant off and putting him a defect.

(7) The defendant, however, seems to have neglected it, is able to see the victim's hand and panty, see the victim's will and panty, and added his sexual organ to his hand, and her sexual organ into the victim's hand, 8 The victim's sound and her only when inserted into the victim's body, and the defendant continued to keep the victim's hand.